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CS Pooja (Company Secretary)     22 January 2010

Ban on Plastic bags

Dear All

In our moot court in college, we are given an undecided case:

Balirajya Grih Vs. Balirajya Plastic Bags Manufacturing Association

But i am not been able to gather any information about the same on the net.

I am also not very sure if the name as given above is spelt correctly.

All i know is that it has to do something with the banning of plastic bags.

Can anybody guide me about it, giving the details of this case, plus some other references of case laws decided earlier in this context...



Learning

 2 Replies

R.R. KRISHNAA (Legal Manager)     22 January 2010

The issue of plastic bags is pending as PIL in the following matters:

 

First case:  The State government has taken notice of a public interest litigation petition before the Madras High Court seeking a direction to the authorities concerned to ban manufacture, distribution and use of all types of plastic carry bags and single-use plastic items below 150 microns.

In his petition, A. Narayanan of Virugambakkam said that toxic chemicals that were most frequently released during the production of plastic material in general and single use products in particular include dichloromethane, acetone, methylene chloride, methyl ethyl ketone, styrene, toluene and benzene.

Pollution at the disposal stage was largely during incineration and when plastic wastes failed to reach landfills or incinerators. Burning of plastic containing chlorine substances released toxic heavy metals and emitted noxious gases. These could cause a variety of health problems, including damage to reproductive and immune systems, respiratory difficulties and cancer.

Single-use polythene and plastic products such as carry bags, disposable cups and plates could not be disposed of easily. Air, water and land pollution caused by the irresponsible use and reckless disposal of plastic products was really alarming, the petitioner said. The Union government’s notification of ‘The Recycled Plastics Manufacture and Usage Rules’ was not being implemented in Tamil Nadu except a few tourist places and municipalities.

When the matter came up before the First Bench, comprising Chief Justice H.L. Gokhale and Justice F.M. Ibrahim Kalifulla, notice was taken on behalf of the government, Tamil Nadu Pollution Control Board and the Chennai Corporation. The Bench said the authorities may file counter in four weeks.

Second case:  PIL seeking closure of hazardous industries

NEW DELHI: The Delhi High Court has sought response from the Centre, city government and MCD on a PIL seeking a direction to close illegal and polluting industries in some villages on Delhi-Haryana border.

The Court also issued notice to Haryana government besides Delhi and Haryana State Pollution Control Boards.

A Division Bench headed by Chief Justice asked them to file their response by March 18 on a PIL filed by one Mahavir Singh through counsel Sumeet Sharma alleging that illegal industries are running in the villages of Nangloi, Ghewara, Neelwal, Mundka, Kamrruddin Nagar, Tikri Kalan and Ranhaula.

"The villagers are made to bear with the pollution caused by these industries. Mundka village has become toxic dumping yard and a final destination of all plastic wastes churned out in Delhi's homes," the petitioner said.

"Some of the industrial activities which are being carried on in these areas are that of melting and shredding of rubber and plastic items, burning of used motor engine oil for the purpose of cleaning and reselling it to oil vendors, manufacturing of plastic items from recycles plastic and saw mills etc," the petitioner's counsel said and sought immediate direction to both the Centre and the two state governments to stop the industries.

Citing the Supreme court ruling banning hazardous industries, the counsel said "burning of plastics, especially PVC, releases harmful gases like dioxide which are found to cause caner."

The court would hear the PIL again on March 18.

 

Third case: Social organisations begin agitation against use of plastic bags

 

MUMBAI, September 9: In a boost to the campaign against the menace of plastic bags, six social organisations in the city have begun a prolonged agitation against the use of these bags.

The newly formed joint action committee against the usage of plastic bags has commenced an awareness drive to alert citizens on the hazards of the bags, ranging from choking of municipal drains to their inherent toxicity. ``We are targeting those areas which have a lot of vegetable and flower markets,'' Dayanand Nene, President of the Mahim Vikas Mandal and convenor of the action committee, told Express Newsline.

The organisations span different areas of Mumbai and comprise the Konkan Vikas Aghadi, Flower Merchants and Wholesale Dealers Association, Prerna Mandal, Sewree, Naigaon Vikas Prathisthan and Gulmohar Residents Society Residents Association at Juhu Vile Parle. General surveys conducted by the Mandal in five dumping areas in the suburbs found that over half of the trash was plastic bags.

The committee is also in the process of drafting a public interest litigation (PIL), to be filed in the Mumbai High Court. Naming the state government, Brihanmumbai Municipal Corporation (BMC) and Thane Municipal Corporation (TMC) as respondents, the PIL will ask for a total ban on plastic carry bags.

The action committee met in Dadar on Tuesday to chalk out their action plan. It has decided to target housing colonies after the findings of its pilot project to discourage shopkeepers on Lady Jamshedji Road. ``Shopkeepers told us that residents insisted on plastic bags, and sometimes even picked up fights when they were not given their purchases in plastic bags,'' Nene said.

Nene said that the committee would even physically prevent shopkeepers who insisted on stocking and distributing plastic bags. Instead, the committee will encourage citizens to use alternatives like cloth bags. The committee has also distributed over a 100 cloth banners bearing this message.

The committee is also in the process of drafting a public interest litigation (PIL) to be filed in the Bombay High Court. Naming the state government, Brihanmumbai Municipal Corporation (BMC) and the Thane Municipal Corporation (TMC) as respondents, the PIL will ask for a total ban on plastic carry bags.

Fourth case:  The Delhi government had banned all forms of plastic bags - even biodegradables - from all markets, hotels, restaurants etc in January this year. While the gazette notification allowed bags of 40 microns thickness or more, the government made it clear that even those were to be discouraged. With standards for compostable bags yet to be notified, even these cannot be used.

 

Please the attached file also.


Attached File : 14 14 pil.doc downloaded: 266 times
2 Like

CS Pooja (Company Secretary)     22 January 2010

Thanks Mr. Krsihnaa, for the prompt reply and details..

I ll read them and revert.

So, can I concude that Balirajya Grih Vs. Balirajya Plastic Bags Manufacturing Association is case is unavailable on net..


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