WPPIL/58/2023
2023 Latest Caselaw 1101 UK

       IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

                      SRI JUSTICE VIPIN SANGHI, C.J.
                                  AND
                    SRI JUSTICE ALOK KUMAR VERMA, J.

24TH APRIL, 2023 WRIT PETITION (PIL) No. 58 OF 2023 Between:

Naresh Chandra .........Petitioner

and

State of Uttarakhand and others. ....Respondent

Counsel for the petitioner : Mr. Vinay Kumar, learned counsel for the petitioner..

Counsel for the respondents : Mr. C.S. Rawat, learned Chief Standing Counsel with Mr. Gajendra Tripathi, learned Brief Holder for the State of Uttarakhand / respondent Nos. 1 to 4. Mr. Aditya Pratap Singh, learned counsel for respondent No. 5.

Mr. Navneet Kushik, learned counsel for respondent No. 8.

Mr. T.A. Khan, learned Senior Counsel assisted by Mr. Mohd. Shafy, learned counsel for respondent No. 9.

Mr. Dharmendra Barthwal, learned counsel for the applicant in Impleadment / Intervention Application No. 3 of 2023.

Mr. Pinaki Mishra, learned Senior Counsel assisted by Mr. Arun Kumar Sinha and Mr. Aditya Singh, learned counsel for the applicant in Impleadment Application No. 4 of 2023.

Upon hearing the learned Counsel, the Court made the following

JUDGMENT : (per Sri Vipin Sanghi, C.J.)

Mr. Rawat submits that in terms of the previous

order, an Affidavit has been filed by the Joint Excise

Commissioner, Kumaon Division, Haldwani, District Nainital-

Mr. Kiran Kishor Kandpal.

2. In the affidavit, the respondent has stated that for

supply of country-made liquor in paper based cartons, the

Excise Department will provide barcode/QR code to the

concerned manufacturing unit / distillery, and the

arrangement in this regard will also be made to ensure that

refund of the amount fixed is guaranteed to the concerned

carrier / consumer, on returning the used carton to the

concerned liquor shop, in order to ensure maximum return

of used cartons so that their recycling at the level of the

concerned manufacturing unit / distillery can be made.

3. Mr. Rawat states that the amount to be refunded

to the person returning the used paper cartons would be

substantial, so as to incentivize this Scheme.

4. In our view, the amount should be at least Rs.

10/- per paper carton, so that the user of the same, and if

not him, any other person who finds the paper-based

carton, has sufficient incentive to return the same for the

purpose of recycling.

5. The respondents are directed to abide by this

suggestion.

6. We further direct that on each paper based

carton, wherein a country-made liquor is sold, it should

prominently be printed that the return of the used paper-

based carton will entitle the person returning the same to

refund of the fixed amount, which should be at least Rs.

10/-.

7. We direct the respondents to forthwith proceed to

frame their Scheme / Policy in this regard, just like one that

has been framed for the purpose of recycling plastic bottles

used during the Char Dham Yatra, within the next two

weeks.

8. Subject to compliance of these conditions, we

dispose of this petition. However, in case of non-compliance

of this order, it will be open to the petitioner to approach

this Court again.

9. The Scheme floated by the State to ensure return

of recyclable non-biodegradable waste is a laudable

Scheme, and we find no reason why the same should not be

implemented in respect of all other non-biodegradable

packaging in which goods are sold in the State. Paper-based

cartons, plastic bottles and plastic pouches are very

commonly used for selling items, particularly food items,

and the respondents should examine the feasibility of

implementing the said Scheme in respect of all such

packaging.

10. Since we are dealing with another matter

regarding disposal of non-biodegradable waste, particularly

plastic waste in the State, let the State respond in terms of

this order in the said matter i.e. Writ Petition (PIL) No. 93 of

2022 titled "Jitendra Yadav vs. Union of India and others" on

the next date, which is fixed as 19.05.2023.

11. A copy of this order shall also be placed on the

record of WPPIL No. 93 of 2022.

12. Another aspect that we would like the State to

respond in WPPIL No. 93 of 2022, is the introduction of bio-

metric attendance of all Safai Karmcharis employed by

ULBs, Panchayats, etc. in the State to ensure that they are

actually working on the ground, and are not mere ghost

employees. This aspect shall also be considered on

19.05.2023.

________________ VIPIN SANGHI, C.J.

___________________ ALOK KUKAMR VERMA, J.

Dt: 24th April, 2023 Rathour