Plastic manufacturers move Madras HC against government's plastic ban order
The Tamil Nadu Plastics Manufacturer's Association (TNPMA) moved the Madras High Court today seeking to quash a government order banning plastic, which would come into effect on January 1. When the petition came up, the division bench of justices M M Sundresh and Krishnan Ramasamy posted it to Friday and directed the Tamil Nadu government to file its counter on that date. Read more.
Government for total ban on manufacture of 'throwaway plastics'
Earlier, Additional Advocate General PH Arvind Pandiyan requested the bench that the plea be heard along with other similar petitions, which were already posted for Friday. The present petition challenged the order issued on June 25, which imposed a total ban on manufacture, storage, supply, sale, and use of "throwaway plastics" such as plastic sheets that's used for food wrapping, plastic plates, among others.
Order violated doctrine of legitimate expectation, promissory estoppel: Petitioner
The petitioner submitted that the order by the state government violated the doctrine of legitimate expectation, promissory estoppel. It was liable to be set aside due to "non application" of mind and was "contrary" to central legislation like Environment (Protection) Act, 1986, Environment (Protection) Rules, 1986, Solid Waste Management Rules, 2016 and Plastic Waste Management Rules, 2016, it claimed.
Plastic items would be banned from January 2019: TN Government
The state has exceeded its jurisdiction by passing the order, which comes under the purview of the Central government, the petitioner claimed. Therefore, on the face of it, the government order is liable to be quashed for want of jurisdiction and authority, it added. The Tamil Nadu government had in June announced that it would ban the use of plastic items from January 2019.