Case Details Tamil Nadu and Puducherry Paper Cup Manufactures Association vs State of Tamil Nadu & Ors.

Court

Supreme Court of India

Date

20 October 2023

Case No.

Civil Appeal No(s). 8536 of 2022 etc.

Result

Disposed

Bench

S. Ravindra Bhat, Pamidighantam Sri Narasimha

Citation

[2023] 14 S.C.R. 1133 : 2023 INSC 952

Issue for consideration

Whether the High Court was justified in dismissing the writ petitions filed by the appellants-association representing manufacturing units of ‘reinforced’ paper cups, and non-woven plastic bags, challenging the government order banning manufacture, storage, supply, transport, sale, distribution, and use of plastic coated teacups and non-woven bags.

Headnote

Environment Protection Act, 1986 – ss. 5, 23 – Plastic coated teacups and non-woven bags – Government Order banning manufacture, storage, supply, transport, sale, distribution, or use of plastic coated teacups and non-woven bags – Challenged to – High Court upheld the ban – Interference with:

Held: Though the mandate of the 1986 Rule calls for predecisional hearing, on facts, given the efflux of time, the resultant likely injury to the public in the event the notification is interfered with, interests of justice require that such infraction should not result in the invalidation of the notification – By composition itself, plastic coated teacups are nonbiodegradable, and there is immense difficulty in their recycling, as it requires appropriate collecting mechanisms, strict segregation – Given that there is scientific basis for the ban, and it is the State Government’s policy decision to ban numerous categories of single use plastic products, in public interest, there is no reason for interference with the High Court’s findings on the ban of reinforced papercups – Association’s right u/Art. 19(1)(g) has been restricted; but in the larger interest of the general public to enjoy a pollution free environment the restriction was reasonable as per Art. 19(6), thus, upheld – As regards non-woven bags, the amended 2016 Rules now allow non-woven bags above 60 GSM to be manufactured and used – Centre has found a way to regulate it, rather than ban it – In view thereof, the Tamil Nadu Pollution Control Board directed to consider the case of non-woven bags afresh in light of amended 2016 Rules – Environment (Protection) Rules, 1986 – Plastic Waste Management Rules, 2016 . [Para 41, 46, 54] Doctrines/Principles – Principles of natural justice – Compliance of – Rule of prior hearing – Dispensation with – When: Held: Principles of natural justice have to be complied with wherever the law requires that course – Silence of a statute or rule about natural justice, nevertheless, calls for a minimum hearing – There are cases, where the court permits post decisional hearing – There can be emergencies or urgent situations calling for immediate or expedient action, which cannot be delayed – In such eventualities, the rule of prior hearing can be dispensed with. [Para 39]

LIST OF CITATIONS AND OTHER REFERENCES

JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT S. RAVINDRA BHAT, J. 1. These appeals were heard finally, with the consent of the parties. The appellants are aggrieved by a common judgment 1 of the Madras High Court, by which their writ petitions challenging a government order2 banning manufacture, storage, supply, transport, sale, distribution, and use of ‘one time use and throwaway plastics’, was dismissed. The appellants before this Judgment dated 11.07.2019 in WP No. 3984/2019. G.O.Ms No. 84 dated 25.06.2018 w.e.f. 01.01.2019 (hereafter referred to as ‘Government Order’). court are an

View Subscription Plans →