Delhi High Court questions government decision to ban manufacture and use of plastic bags

10-Dec-12
The Delhi high court asked the Delhi govern­ment if any study was conducted be­fore banning manufacture and use of plastic bags, on Thursday, as per Times. A bench of Chief Justice D Muru­gesan and Justice Rajiv Sahai Endlaw asked the government counsel to ap­prise it by December 11, the next date of hearing, on what basis it imposed a total ban on manufacture of plastic bags. "Unless you say the plastic man­ufacturing industry is hazardous, how can you ban the manufacturing of plastic bags? What is the stud3i you have done before imposing the ban?" the court asked. The bench also asked, "Can you impose a total ban? What would be the effect on manufacturing industry if you ban. it? Unless licences of these manufacturers are cancelled, how can they be banned to manufacture plastic carry bags?" To this, the government counsel told the court that if the manufactur­ers do not have a market, they cannot manufacture plastic bags and their licence has been cancelled. The court asked why only carry bags were banned as plastic plates, bottles and spoons are still allowed. The bench was hearing a plea filed by All India Plastic Industries Associ­ation challenging the Delhi govern­ment notification of October 23 that imposed a blanket ban on plastic bags from November 23. Challenging the government notification, Delhi's manufacturers sought the court's di­rection to the government allowing them to manufacture plastic bags for sale in areas outside Delhi where they are not banned. Arvind Nigam, appearing for plas­tic manufacturers, said the state gov­ernment has exceeded its jurisdiction while issuing the notification on plas­tic bag ban as only the central govern­ment is empowered to do so. "The government, in a fanatic pursuit to endorse its predetermined agenda of completely closing down the plastic bags industry in an arbi­trary and unreasonable manner brushed aside the objections of the petitioners," the counsel argued be­fore court.
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