Tamil Nadu plastic manufacturer’s association moves HC against government order banning plastic

Chennai: The Tamil Nadu Plastics Manufacturer’s Association (TNPMA) moved the Madras High Court Tuesday seeking to quash a government order banning plastic, which would come into effect on January 1. When the petition came up, the division bench of justices M M Sundresh and Krishnan Ramasamy posted it to Friday and directed the Tamil Nadu government to file its counter on that date.

Earlier, Additional Advocate General PH Arvind Pandiyan requested the bench that the plea be heard along with other similar petitions, which were already posted for Friday. The present petition challenged the order issued on June 25, which imposed a total ban on manufacture, storage, supply, sale and use of “use throwaway plastics” such as plastic sheets used for food wrapping, spreading on dining table, plastic plates, among others.

The petitioner submitted that the order violated the doctrine of legitimate expectation, promissory estoppel. It was liable to be set aside due to “non application” of mind and was “contrary” to central legislation like  Environment (Protection) Act, 1986, Environment (Protection) Rules, 1986, Solid Waste Management Rules, 2016 and Plastic Waste Management Rules, 2016, it claimed.

The state has exceeded its jurisdiction by passing the order which comes under the purview of the central government, the petitioner claimed. Therefore, on the face of it, the government order is liable to be quashed for want of jurisdiction and authority, it added. The Tamil Nadu government had in June announced that it would ban the use of plastic items, including non-biodegradable carry bags, from January 2019 to “gift a plastic-free” state to future generations.

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