HC refuses to stay Delhi govt’s ban on plastic bags

Delhi high court posts case for hearing on Tuesday
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First Published: Fri, Nov 23 2012. 08 20 PM IST
The Delhi government imposed the blanket ban on the usage of plastic bags from Friday. Photo: Pradeep Gaur/Mint
The Delhi government imposed the blanket ban on the usage of plastic bags from Friday. Photo: Pradeep Gaur/Mint
New Delhi: The Delhi high court on Friday refused to stay the city government’s notification imposing a blanket ban on plastic bags in the capital from Friday.
A division bench of Chief Justice D. Murugesan and Justice Rajiv Sahai Endlaw declined to entertain senior advocate Arvind Nigam’s submission on behalf of plastic manufactures for direction to the government to not to implement the ban.
The bench, however, said it would dispose of the matter within a few days and posted it for hearing on 27 November. The court was hearing the All India Plastic Industries Association’s (AIPIA) plea against the Delhi government’s 23 October notification, imposing a blanket ban on the usage of plastic bags from 23 November.
According to the notification, no person can manufacture, import, store, sell or transport any kind of plastic bag in the city. From Friday all kinds of plastic bags, even those used to cover magazines, books or invitation cards, will not be allowed. Even garbage bags will not be allowed too, as per the notification.
The ban, however, will not affect the use of plastic specified under the Bio-medical Waste (Management and Handling) Rules, 1998.
Plastic used to pack food products such as milk, cooking oil, flour bags and plastic cups largely used by tea vendors will be allowed. The plastic manufacturers association sought the court to “declare impugned notification dated 23 October, 2012, null and void being ultra vires to the Parent Act, i.e. Environment Protection Act, 1968, and rules framed thereunder.”
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First Published: Fri, Nov 23 2012. 08 20 PM IST
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