SC issues notice in challenge to NGT order upholding plastic ban in Karnataka

The Supreme Court today issued notice in a petition challenging an order passed by National Green Tribunal (NGT) upholding a ban on plastic bags and products in the State of Karnataka..A Bench of Justices Madan B Lokur and Deepak Gupta was hearing an appeal filed by Karnataka State Plastic Association. Advocate Kundan Kumar Mishra represented the appellant association..The appeal is against an order of NGT, South Zone which upheld a notification passed by the Karnataka government on March 11 last year, prohibiting the manufacture, sale, supply and use of a number of plastic products including carry bags, cups and spoons. The direction was issued in exercise of the government’s power under Section 5 of the Environment Protection Act..The petition states that the NGT had failed to consider the fact that the Plastic Waste Management Rules, 2016 was given effect to one week after the state government’s order notifying the plastic ban, which was based on replaced 2011 Rules..Further, it contends that Section 5 of the Act does not empower the state government to exercise a rule making power for a whole state and it only gives power to issue a specific direction of a specific nature against a specific person/officer/authority. Moreover, Rule 4 of the Environment Protection Rules affords the occupier (in this case, the plastic companies) the opportunity to raise objections to a direction made under Section 5 of the Act..The appeal also contends that the NGT has failed to appreciate the fact that several plastic products can be easily recycled. The appellant further argues that the probability of an environmental impact assessment was also not appreciated and the direction of the NGT cannot be treated as rational and reasonable..Last year, a Division Bench of the Karnataka High Court had dismissed a petition filed by a number of manufacturers challenging the plastic ban, and left it open for the petitioners to approach the NGT for relief..Read a copy of the appeal:.Click here to download the Bar & Bench Android App