WPMS/567/2017
2021 Latest Caselaw 63 UK

IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL
   ON THE 7TH DAY OF JANUARY, 2021
                    BEFORE:
HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


    Writ Petition (M/S) No. 618 of 2017

BETWEEN:
 1. Harcharan Singh S/o Late Shri Harbans Singh,
   R/o 103, Race Course, Dehradun.
 2. Anil Matta, S/o Late Shri Ram Kishan, R/o
   Street No. 3, Rajendra Nagar, Dehradun.
 3. Naveen    Singhal   S/o   Late     Shri   Vasudev
   Singhal, R/o 19 Akhada Mohalla, Dehradun.
                                        ....Petitioners
AND:
 1. State     of   Uttarakhand,      through      Chief
    Secretary,     Government     of    Uttarakhand,
    Dehradun.
 2. Secretary, in the Department of Forest and
    Environment, Civil Secretariat, Dehradun.
 3. Collector of Dehradun.
 4. Nagar Nigam Dehradun, through its Nagar
    Aayukt.
 5. Senior Superintendent of Police, Dehradun.
 6. S.D.M., Dehradun.
 7. Uttarakhand     Environment      Protection    and
    Pollution Control Board, through its Secretary,
    Dehradun.
                           2
 8. Union of India, through Secretary in the
    Department     of    Environment,    Forest   and
    Climate Change, New Delhi.
 9. Mr. Lalit Miglani, S/o Late Sri Inder Jeet
    Miglani, R/o Raj Nagar Colony, Near Railway
    Station, Jwalapur, Haridwar.
                                        .....Respondents
                        with
    Writ Petition (M/S) No. 567 of 2017

BETWEEN:
   Puneet Kumar Agarwal, S/o Late Shri Ram
   Prakash Agarwal, aged about 51 years, R/o
   Mohalla Ganj, Main Bazar, Kashipur, District
   Udham Singh Nagar.
                                         ....Petitioner
AND:
 1. State of Uttarakhand through Chief Secretary,
   Forest    and        Environment,     Secretariat,
   Dehradun.
 2. District Magistrate, Udham Singh Nagar.
 3. Senior Superintendent of Police, Udham Singh
   Nagar.
                                        .....Respondents
                           3
                        with
    Writ Petition (M/S) No. 609 of 2017

BETWEEN:
   Rajkumar Arora, S/o Late Sri Charan Dass,
   aged about 53 years, R/o 12, Ishwar Colony,
   Rudrapur, District Udham Singh Nagar.
                                            ....Petitioner
   (By Shri T.A. Khan Senior Advocate, assisted by Mohd.
   Shakir, Advocate, holding brief of Shri Vinay Bhatt,
   Advocate in WPMS No. 618 of 2017)
   (There is no representation for petitioner in WPMS No.
   567 of 2017 & WPMS No. 609 of 2017)

AND:
 1. State of Uttarakhand through Chief Secretary,
   Forest     and      Environment,         Secretariat,
   Dehradun.
 2. District Magistrate, Udham Singh Nagar.
 3. Senior Superintendent of Police, Udham Singh
   Nagar.
                                           .....Respondents
   (By Shri Rakesh Kunwar, Additional Chief Standing
   Counsel for the State of Uttarakhand)


                     ORDER

Since common question of law and facts are involved in these writ petitions, therefore are being taken up together and are being adjudicated by this common judgment. However, for the sake of clarity, facts of WPMS No. 618 of 2017 are being considered.

2. Petitioners deal in sale-purchase of polythene carry bags. They are aggrieved by the decision taken by State Government to ban plastic bags and several other items made of thermocol. The said decision has been communicated vide Government order dated 11.01.2017.

3. According to the petitioners, polythene bags, which petitioners sell, are as per the specification given in Plastic Waste Management Rules, 2016, therefore, the ban imposed by the State Government on polythene bags is unjust.

4. This Court is not convinced by the submission made on behalf of the petitioners. The Government Order, impugned in the writ petition, refers to an order passed in Writ Petition (PIL) No. 140 of 2015. In the said PIL, a Division Bench of this Court had issued certain directions, including a direction to ban sale, use and storage of plastic carry bags throughout the State of Uttarakhand.

5. Similar direction has been issued in another Writ Petition (PIL) No. 31 of 2012, although, that direction is in respect of District Nainital only.

6. The damage, which polythene carry bags cause to the environment, is well known. Besides environmental damage, such carry bags create other problems for the civic bodies like choking of drains. They also pose threat to the life of livestock, if these carry bags are eaten by them. State Government can impose ban on use of harmful substances and such ban can be justified if it is in public interest. State Government can always take such decision, in exercise of its executive powers. Thus, there is no scope of interference in the matter.

7. Petitioners have also raised the issue of Plastic Waste Management Rules, 2016 and they submit that these Rules permit use of certain kinds of carry bags, which are within the specified parameters.

8. If that is so, petitioners shall be at liberty to approach the Competent Authority in the State Government by making representation(s). If such representation(s) is made within two weeks from today, decision thereupon shall be taken, in accordance with law, within eight weeks thereafter.

9. The writ petitions are, accordingly, disposed of.

(MANOJ KUMAR TIWARI, J.) Navin