No Impediment In Prohibiting Plastic Flowers From Use If Other Plastic Items Of Thickness Less Than 100 Microns Prohibited: Bombay HC
The Bombay High Court said that there is no impediment in prohibiting plastic flowers from use if other plastic items of thickness of less than 100 microns have been prohibited.
The Court said thus in a writ petition preferred by Growers Flowers Council of India (GFCI), an association of flower growers.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar emphasised, “The concerns raised in this writ petition needs to be addressed at the earliest for the simple reason that if other plastic items of thickness of less than 100 microns have been prohibited, there does not appear to be any impediment in prohibiting plastic flowers as well from use etc.”
Advocate Aseem Naphade appeared on behalf of the petitioners while Advocates Y.R. Mishra, Akshay S. Pansare, and Government Pleader P.P. Kakade appeared on behalf of the respondents.
Background -
The petition raised concern about use of plastic flowers of a thickness of less than 100 microns. In a study report, which was enclosed to the petition, the maximum thickness of artificial flowers is shown to be 30 microns, whereas the minimum thickness is 29 microns and average thickness of plastic flowers is shown to be 29 microns. The submission was that Maharashtra Pollution Control Board (MPCB) had issued a notice in March, 2022 for prohibiting production, commerce, stocking, distribution, sale and use of single use plastic items (SUP). Referring to the notification issued by Ministry of Environment, Forest and Climate Change and also making a reference to a notification known as the Maharashtra Plastic and Thermocol Products (Manufacture, Usage, Sale, Transport, Handling and Storage) Notification, 2018, the said notice enlisted certain items which are prohibited.
Such items include ear buds with plastic sticks, plastic sticks for balloons, plastic flags, candy sticks, ice-cream sticks, polystyrene (thermocol) for decoration, plates, cups, glasses, cutlery, wrapping or packing films around the sweet boxes, invitation cards and cigarettes packets, plastic or PVC banners of less than 100 microns thickness and stirrers etc. It also mentioned the items like all types of plastic bags (carry bags) – (with or without handle), irrespective of thickness compostable plastic, non-woven carry bags and other SUP items such as dish, bowl, container etc. It was submitted that the said notice issued by MPCB though does not specifically mentions the plastic flowers, however, the thickness of plastic flowers being less than 100 microns ought to be included in the notification and accordingly the said notice should cover the plastic flowers as well.
The High Court in the above context of the case directed, “We, thus, call upon the State Government, the Maharashtra Pollution Control Board (MPCB), Union Government in the Department of Forest and Environment and Central Pollution Control Board to respond to the issues raised in this writ petition by filing their respective affidavits in-reply within a period of four weeks. A week’s time thereafter shall be available to the petitioner to file rejoinder, if any.”
Accordingly, the Court listed the case on August 9, 2024.
Cause Title- Growers Flowers Council of India (GFCI) and Anr. v. Union of India & Ors.
Appearance:
Petitioners: Advocates Aseem Naphade, Sanjeel Kadam, and Nitisha Lad.
Respondents: Advocates Y.R. Mishra, C.M. Lokesh, Sachindra B. Shetye, Akshay S. Pansare, Government Pleader P.P. Kakade, Addl. Govt. Pleader O.A. Chandurkar, AGP G.R. Raghuwanshi, and Advocate Pradeep M. Patil.
