Upgrad LLM

the pollutor pays principle

ADVISOR

Attached herewith is the judgement of Rajasthan High Court Judgement .Appeal of this judgement was instrumental in introduction of ban over Gutkha Pan Masala plastic pouches all over the country



Attached File : 561832494 rajasthan high court-gutkha pan masala.pdf downloaded 34 times
 
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ADVISOR

 

  UPON hearing counsel the Court made the following
                          O R D E R
           Heard     learned      counsel       for    the     parties     and
perused    the   record     including          the    affidavit       of   Dr.
Manoranjan Hota, Director, Ministry of Environments and
Forests, Government of India and documents annexed with
it.
           Interim        order      dated      7.9.2007        and     other
similar orders passed by this Court are vacated and the
following directions are given:
  1) The learned Solicitor General should instruct the
      concerned         Ministries        to         approach       National
      Institute      of     Public       Health        to    undertake      a
      comprehensive analysis and study of the contents
      of   gutkha,        tobacco,       pan    masala       and      similar
      articles manufactured in the country and harmful
      effects      of      consumption          of      such       articles.
      The learned Solicitor General says that a report
      based on such study will be made available within
      eight weeks.
  2) The    Plastics        (Manufacture,            Usage      and     Waste
      Management)       Rules,    2009     be    finalised,         notified
      and enforced within a period of eight weeks from
      today.
  3) The direction contained in the impugned order of
      the High Court for imposition of fine shall remain
      stayed.
  4) Respondent Nos.3 to 15 and other manufacturers of
      gutkha, tobacco, pan masala are restrained from
      using plastic material in the sachets of gutkha,
      tobacco and pan masala. This direction shall come
      into force with effect from 1st March, 2011.
           For further hearing, the case be listed on              


March 9, 2011.
 
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ADVISOR

Originally posted by :B.K.GUPTA
"
 
UPON hearing counsel the Court made the following
O R D E R
Heard learned counsel for the parties and
perused the record including the affidavit of Dr.
Manoranjan Hota, Director, Ministry of Environments and
Forests, Government of India and documents annexed with
it.
Interim order dated 7.9.2007 and other
similar orders passed by this Court are vacated and the
following directions are given:
1) The learned Solicitor General should instruct the
concerned Ministries to approach National
Institute of Public Health to undertake a
comprehensive analysis and study of the contents
of gutkha, tobacco, pan masala and similar
articles manufactured in the country and harmful
effects of consumption of such articles.
The learned Solicitor General says that a report
based on such study will be made available within
eight weeks.
2) The Plastics (Manufacture, Usage and Waste
Management) Rules, 2009 be finalised, notified
and enforced within a period of eight weeks from
today.
3) The direction contained in the impugned order of
the High Court for imposition of fine shall remain
stayed.
4) Respondent Nos.3 to 15 and other manufacturers of
gutkha, tobacco, pan masala are restrained from
using plastic material in the sachets of gutkha,
tobacco and pan masala. This direction shall come
into force with effect from 1st March, 2011.
For further hearing, the case be listed on


March 9, 2011.
"
 
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