Uttarakhand High Court
Gitanshi Polychem Private Ltd vs State Of Uttarakhand & Anr on 19 July, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
Writ Petition No. 1026 of 2021 (M/S)
Gitanshi Polychem Private Ltd. ..... Petitioner
Versus
State of Uttarakhand & Anr. .....Respondents
With
Writ Petition No. 1025 of 2021 (M/S)
Snow Pack Firm ..... Petitioner
Versus
State of Uttarakhand & Anr. .....Respondents
With
Writ Petition No. 1027 of 2021 (M/S)
M/s Shyamrai Ecopack Inc. ..... Petitioner
Versus
State of Uttarakhand & Anr. .....Respondents
With
Writ Petition No. 1028 of 2021 (M/S)
Sree Durga Fiber Products (p) Ltd. ..... Petitioner
Versus
State of Uttarakhand & Anr. .....Respondents
With
Writ Petition No. 1110 of 2021 (M/S)
Shree Shaandar Industry Pvt. Ltd. ..... Petitioner
Versus
State of Uttarakhand & Anr. .....Respondents
Present:
Dr. Kartikey Hari Gupta, the learned counsel for the petitioners.
Mr. T.S. Phartiyal, the learned Addl. C.S.C. and Mr. Pradeep
Hairiya, the learned Standing Counsel for the State.
Date of order : 19.07.2022
Sri S.K. Mishra, J.
(Upon hearing the learned counsel for the parties, this Court
made the following order:-
By filing these bunch of writ petitions, the
petitioners have sought a direction in the nature of
mandamus to allow the petitioner to manufacture, store,
carry, transport in order to export their products i.e.
disposable utensils of plastic and kitchenware outside the
State of Uttarakhand and international market where it is
allowed to be used; and, issue a writ in the nature of
certiorari calling for records and quash the Government
Notification dated 16.02.2021, Annexure No. 1 to the writ
petition.
2. It is apparent from the record that Annexure No. 1
is the Notification by which the State of Uttarakhand has
directed a complete ban of sale, trade, manufacture,
import, store, carry, transport, use, supply or distribution
of plastic or polythene. The said Notification came before
the Division Bench presided by the Hon'ble Chief Justice
of this High Court in WPPIL No. 93 of 2022. This Court on
07.07.2022 issued slew of directions. It is apparent from
paragraph 33 of the aforesaid judgment. The Division
Bench took into notice the entire contents of the
Notification and further held at paragraph 34 that these
restrictions have only remained on paper, and no
significant, effective or perceptible effort has been made
by the State to enforce the same on the ground level,
therefore, the State and its officers were directed to
enforce the restrictions imposed by the said Notification
dated 16.02.2021 forthwith.
3. Thus, it is apparent that the petitioners are seeking
direction to quash the particular Government Notification,
i.e. Annexure No. 1, which the Division Bench thought
proper to direct the State and its officers for its
implementation in its letter and spirit. Thus, quashing of
such Notification, banning manufacture of the plastic and
polythene item, cannot be granted by this Court.
Moreover, this is no more in dispute that the plastic and
polythene pose a major threat to the environment and
ecological balance. Especially, in Sub-Himalaya region
which consists majority of the State of Uttarakhand the
ecology is very delicate which requires proper nursing and
proper diligence on the part of the human beings for not
causing further damages.
4. This Court is of the opinion that no order can be
passed allowing the petitioner to carry manufacture of
plastic items, be it single use or for multiple uses in the
State of Uttarakhand.
5. Hence, writ petitions are being devoid of merit and
dismissed.
6. Urgent certified copy of the order be provided as per
rules.
(Sanjaya Kumar Mishra, J.)
PV
