By IANS,
New Delhi : Delhi High Court Tuesday upheld a government notification banning use of plastic bags in specified areas of the capital to protect the environment.
A division bench of Justices Madan B. Lokur and A.K. Pathak dismissed a plea from the All India Plastic Manufacturers’ Association challenging the Delhi government notification on the ground that they were not consulted before bringing it into force.
“Petitioners were given an adequate opportunity of placing their point of view not only before the administrative authorities but even before a judicial authority. This is much more than the petitioners could have asked for,” the bench said.
On Jan 7, the Delhi government banned the use of plastic bags in shopping malls, five-star hotels, restaurants, dairies and fruits and vegetable outlets under the Environment Protection Act.
The ban had come after the Delhi High Court’s Aug 7, 2008 order based on the Justice Chopra committee report. The court, however, made it clear that the government can allow plastic bags of 40 micron limit.
“There can be no doubt that the limitations imposed are in public interest and have, apparently, been enforced in several other parts of India also. Merely because some commercial interests of the petitioners are diluted does not mean that there is no public interest in issuing the impugned notification,” noted the bench.
“Applying the tests laid down by the constitution bench, it is clear that the limitation on the sale, use and storage of plastic bags in certain areas in Delhi has been laid down keeping in view the problem of solid waste management, particularly of plastic bags, which choke drains and enter the food chain thereby potentially causing health risks,” it added.