Daijiworld Media Network - Bengaluru/New Delhi

Bengaluru/New Delhi, Nov 7: The Supreme Court on Tuesday November 7 refused to interfere with the Karnataka government's decision to ban the manufacture, supply, sale and use of plastic carry bags and other products.

A bench of Justices Madan B Lokur and Deepak Gupta rejected a plea by Canara Plastics Manufacturers and Traders Association to stay operation of the Karnataka government's decision to ban plastic, issued through a notification dated March 11, 2016.

However, the Association’s appeal has been tagged with another civil appeal filed by Karnataka State Plastic Association. for consideration.

Karnataka State Plastic Association had contended that the state government was trying to bulldoze the entire industry, running into several thousand of crores. It had asked for a stay on the National Green Tribunal's (NGT) order of January 13.

The bench, declining the plea for a stay, agreed to issue a notice to the Karnataka government and others. The court admitted the appeal for consideration.

In its appeal, the association contended that the NGT did not appreciate that the act of issuance of direction imposing complete prohibition on the sale, usage, manufacture and storage of plastic carry bags and other products without conducting any environmental impact assessment of the probable consequences of the removal of plastic carry bags with other alternatives cannot be termed as rational and reasonable.

The association also maintained that the notification issued under Section 5 of the Environment (Protection) Act, 1986 did not empower the state to make the rule imposing ban on manufacture, supply, sale and use of plastic carry bags, banners, buntings, flex, flags, plates, cups, spoons, cling films and sheets.

It also stated that when the Government of India has a rule imposing a ban on manufacturing and circulation of plastic items of less than 50 microns, there could not be a complete ban as contemplated in the notification.

On March 29, 2016, the High Court dismissed a writ petition filed by the association and accepted the state government's contention that the association should approach the NGT.