Through: Shri G.C. Lakhchaura vs State Of Uttarakhand
2022 Latest Caselaw 3964 UK

 IN THE HIGH COURT OF UTTARAKHAND
             AT NAINITAL
               Writ Petition (MS) No. 3001 of 2022

Majar Singh.                                       ................Petitioner.

                              Through: Shri G.C. Lakhchaura, learned counsel
                              for the petitioner.


                              -Versus-
State of Uttarakhand
and others.                                         .........Respondents.
                              Through: Shri Suyash Pant, learned Standing
                              Counsel for the State of Uttarakhand.
                              Shri Aditya Pratap Singh, learned counsel for the
                              respondent no. 4.


               Date of Hearing & Order : 08.12.2022

Shri Sanjaya Kumar Mishra, J.

1. By filing this writ petition, the petitioner, who is engaged in manufacturing of packaging of non woven fabric, has prayed for the following relief:

"i. Issue a writ of Certiorari quashing the impugned order dated 07.09.2022 passed by respondent no. 3 (contained as Annexure No. 1 to the writ petition)."

2. The facts of the case are that petitioner is running a small scale industry, which is manufacturing of non woven fabric (plastic carry bags). For the purpose of manufacturing the same, he purchased raw material in clippers form and the thickness of the non woven fabric (plastic carry bags) is 60 GSM, which is within the permissible limit, prescribed under Section 4 (j) of the Notification dated 12.08.2021 issued by the Ministry of Environment, Forest and Climate Change.

3. On 07.09.2022, respondent no. 3, after inspecting the premises of the petitioner issued impugned order by imposing a

fine of Rs. 5,00,000/- on the petitioner for storing and manufacturing of non woven fabric bags in his manufacturing plant being run in the name and style of Dashmesh Enterprises, Pirumadhara Ram Nagar, District Nainital.

4. Learned Standing Counsel for the State and Shri Aditya Pratap Singh, learned Counsel for the Uttarakhand Pollution Control Board draw attention of this Court to sub section (1) of Section 3 of the Uttarakhand Plastic and Other Non Biodegradable Garbage (Regulation of Use and Disposal) Act, 2013 provides that State Government has power to impose restriction and prohibition on the use of plastic.

5. It is borne out from the record that the as per the Notification issued by the Government of Uttarakhand Environment, Conservation and Climate Change Section dated 16.02.2021, polythene carry bag of any shape (with or without handle), thickness, size and colour and non woven poly propylene bags shall not be used any person by himself or through another. In other words, there is complete ban on sale, trade, manufacture, import, store, carry, transport, use, supply and distribution of such plastic material.

6. In that view of the matter, this Court is opinion that there is no illegality in the impugned order passed by respondent no. 3 in imposing a fine on the petitioner. Accordingly, the writ petition fails and is hereby dismissed.

(Sanjaya Kumar Mishra, J.) (Grant urgent certified copy of this judgment, as per Rules)

SKS