Plastic Coated Papers Come Within Ambit Of Notification Banning Single-Use Plastic Items: Rajasthan High Court

Observing that single-use plastic items incarnate the alarmingly rising throwaway culture in our society, the Rajasthan High Court has held that ‘plastic coated with paper’ will come within the ambit of notification banning single-use plastic items under Plastic Waste Management Rules of 2016. The 'plastic laminated paper' is used as raw material for laminated paper cups. 

“Taking into account the definition a ‘single- use plastic commodity’ as provided under Rule 3(va) vide subject notification dated 12.08.2021, which categorically defines ‘single- use plastic commodity’ as a ‘plastic’ item intended to be used once for the same purpose before being disposed of or recycled, read with the definition of ‘plastic’ as provided under Rule 3(o) which defines ‘plastic’ as any material containing LDPE, amongst others, as an essential ingredient, it becomes abundantly clear that the product being manufactured by the petitioner-firm is a ‘plastic’ commodity under Rule 3(o), which further read with Rule 3(va), makes the same a ‘single-use plastic commodity’,”Justice Sameer Jain said in the ruling.

The court was hearing a batch of writ petition challenging the RSPCB notice to close the industries manufacturing ‘plastic coated paper’ in light of 2021 amendment to Management Rules of 2016 and under Section 31A of the Air (Prevention & Control of Pollution) Act, 1981 and Section 33A of Water (Prevention & Control of Pollution) Act, 1974.

The court said the plastic coated sheets as manufactured by the petitioner-firm cannot be used multiple times and are rather, used in a disposable manner after its intended one-time use is exhausted.

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, the court noted.

While rejecting the argument that the decision violates the fundamental rights of the petitioners, the court said.

"Considering the fact that the fundamental rights conferred upon the citizens of the country under Article 19(1)(g) of the Constitution of India are not absolute and the same are subject to reasonable restrictions provided Article 19(6) and that the restrictions imposed by way of the subject notification dated 12.08.2021 are reasonable in terms of Article 19(6) as the same has been issued 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 this Court deems it appropriate to hold that by way of the subject notification dated 12.08.2021 and the consequential show cause notice(s) as well orders for closure so issued thereafter by the respondent-RSPCB, under due authority, do not violate the fundamental rights of the petitioners protected under Article 19(1) (g) of the Constitution of India."

Justice Jain observed that the whole country is trying to persist and endure the extremities caused by the accumulation of single-use plastic items, be it humans or the flora and fauna of the nation. Therefore, the steps being undertaken to tackle the grappling issue of single-use plastic accumulation in the society, the court added.

"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 bonafides as it is observed that until now, the compliance drawn of the subject notification has been lethargic, insincere and negligent," said the court.

The court said the callous compliance of the subject notification is established by the fact that the present batch of petitioners, engaged in manufacturing the prohibited commodities, have been "inadvertently permitted to operate, as a result of inaction on part of the respondent-RSPCB", in enforcing the mandate of the subject notification in a timely manner.

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

For Petitioners:Rajendra Prasad, Sr. Advocate with Advocates Suruchi Kasliwal, Vikram Singh, Alisha Chopra

For Respondents: R. P. Singh, AAG withJ. S. Shekhawat,Shashwat Purohit with Mr. Jai Vardhan Joshi, Sandeep Phatak ,Jogaram, Sec. Local, Self Government ,Neeraj Mathur (Member Secretary),Vishnu Dutt Purohit (Sr. Environmental Engineer).

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