Case Title: M/s Khandelwal Paper Industries & Ors. v. Rajasthan State Pollution Control Board & Ors.
Case No.: S.B. Civil Writ Petition No. 11299/2022
Decided on: 02/06/2023
Coram: HON’BLE MR. JUSTICE SAMEER JAIN
Facts of the case:
The petitioner-firm is a registered partnership firm engaged in the business of manufacturing of raw material, which is used in the production of paper cups with a plastic coating i.e. ‘laminated paper cups’. At this very stage, learned counsel for the petitioner has made it clear that the raw material so manufactured by him, is not only used for making ‘laminated paper cups’ but also for the production of ‘plates’, ‘glasses’ and such other items made of paper but along with a plastic coating/lamination. Thus, any reference to ‘laminated paper cups’ herein forward shall also be read as such items mentioned above, which are made of paper and have a plastic coating/lamination.
Petitioner submitted that on 02.02.2021, the respondent-RSPCB issued the ‘Consent to Establish’ in favour of the petitioner-firm under Section 25/26 of the Water (Prevention and Control of Pollution) Act, 1974 and under Section 21(4) of the Air (Prevention and Control of Pollution) Act, 1981. The petitioner-firm was required to obtain the said ‘Consent to Establish’, as the production/manufacturing process, as sought to be undertaken by the petitioner-firm, fell within the ambit of the ‘Orange Category’.
Thereafter, on 24.06.2022, the National Task Force, as constituted by the Ministry of Environment, Forest and Climate Change, provided the clarification that as per the single-use plastic items ban, there is no exemption granted for paper cups with a plastic coating layer, thereby meaning, that ‘single-use plastic items’ made of paper with plastic coating layer would also be banned.
Judgement:
The Court feels the need to take it upon itself to observe that single-use plastic items incarnate the alarmingly rising throwaway culture in our society. The court said the plastic-coated sheets manufactured by the petitioner firm cannot be used multiple times and are used in a disposable manner after their intended one-time use is exhausted.
The Rajasthan High Court has held that ‘plastic coated with paper’ will come within the ambit of the notification banning single-use plastic items under Plastic Waste Management Rules of 2016. The ‘plastic laminated paper’ is used as raw material for laminated paper cups.
“This Court deems it appropriate to direct the Regulatory Authority, provided under the statute, to carry out the directions issued by way of the subject notification dated 12.08.2021, in letter as well as in spirit, to reflect their bonafides as it is observed that until now, the compliance drawn of the subject notification has been lethargic, insincere and negligent,” said the court.
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Written by: Mahima Saini
