Paper Cup Coated With Plastic Layer Is Covered Under Notification Banning Single-Use Plastic Items: Rajasthan HC

A Rajasthan High Court Bench of Justice Sameer Jain has dismissed a batch of writ petitions wherein the single-use plastic ban relating to paper cups coated with plastic layer was challenged.

It was held that "the product manufactured by the petitioner-firm i.e. ‘plastic laminated/coated papers’ would be covered under the ambit of the subject notification dated 12.08.2021, without the same being expressly included therein but forming a part and parcel of the prohibitions enumerated in the scope of the notification as well as within the expert opinions provided in the meeting of the National Task Force".

The Court also pressed for better enforcement of the notification by stating that "this Court deems it appropriate to direct the Regulatory Authority, provided under the statute, to carry out the directions issued by way of the subject notification dated 12.08.2021, in letter as well as in spirit, to reflect their bonafide as it is observed that until now, the compliance drawn of the subject notification has been lethargic, insincere and negligent".

Senior Counsel Rajendra Prasad, among others, appeared for the petitioners. AAG RP Singh, among others, appeared for the respondents. Counsel Sashwat Purohit appeared for the State Pollution Control Board and Advocate Sandeep Pathak for the MoEF.

In this case, the batch of writ petitions was filed challenging the single-use plastic ban relating to paper cups coated with plastic layer.

The petitioners contended that single-layer plastic coating on paper cups is outside the purview of the notification dated 12 August 2021 issued by the Ministry of Environment and Forest, Government of India, and therefore, respondents were not entitled to restrict the production or manufacture of such products.

The Court took the considered view that it could be conclusively said that the products manufactured by the petitioners are not different from the items which have been prohibited/banned by the subject notification. In furtherance, it was also said that "the ‘plastic coated papers’ form a part and parcel of the banned substances enumerated under Rule 4(2), upon which further clarification has been conclusively provided by the National Task Force as well".

In that context, the Court observed that "the steps being undertaken to tackle the grappling issue of single-use plastic accumulation in the society, needs to be acknowledged with a fair share of understanding of the intent with which the prohibitions sought to be imposed, are being formulated and/or legislated upon and what we as a society, can do to put our best foot forward to abide by the restrictions imposed upon us, albeit within realms of the constitutional safeguards in place for the same".

Further, the Court also stressed that owing to Article 21 of the Constitution, there was a responsibility on the State authority to maintain and promote the environment, and issue competent directions for upholding the mandate of the Constitution, in letter as well as in spirit.

In light of the same, the Court held that the restriction imposed by the Central Government by banning certain single-use plastic commodities is to be construed as a reasonable restriction imposed under Article 19(6), whereby the manufacture, import, stocking, distribution, sale and use of certain single-use plastic commodities was prohibited in the larger interests of the general public, with the intent to curb the menace of the pollution so caused by single-use plastic in our society, which also affects the environment as well as the ecology at par.

In its ancillary remarks, the Court observed that until now, the compliance drawn of the subject notification has been lethargic, insincere and negligent. Therefore, it passed directions to execute the notification in letter as well as in spirit, to reflect their bonafide.

Resultantly, the petitions were dismissed.

Cause Title: M/s Khandelwal Paper Industries & Anr. v. Rajasthan State Pollution Control Board & Ors.

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