NGT notice to Centre, Delhi government on pleas against plastic ban


The city government’s 2012 notification banning manufacture, sale and usage of plastic bags in Delhi has come under challenge, with the National Green Tribunal Monday seeking the response from the Centre, Delhi government and others on the matter. A bench headed by NGT Chairperson Justice Swatanter Kumar issued notices to Ministry of Environment and Forests (MoEF), Delhi Government, Delhi Pollution Control Committee and Delhi Cantonment Board while seeking their reply before 13 February, the next date of hearing.

The tribunal was hearing a plea by All India Plastic Industries Association and others challenging Delhi government’s 23 October, 2012 notification banning the manufacture, sale, storage, usage, import and transport of all kinds of plastic carry bags in the city.

The matter was transferred from Delhi High Court to the NGT, in December last year, which had said that the tribunal was already hearing pleas against the use of plastic carry bags in various areas of Punjab and Haryana.

While sending the matter to the National Green Tribunal (NGT), the HC had asked the Delhi government not to take any coercive steps against petitioner Plastic Manufacturers Association for eight weeks.

The erstwhile Sheila Dikshit government had issued the order which was to come into force from 23 November, 2012, but the high court had stayed it then.

The association had challenged the notification saying, “declare impugned notification of 23 October, 2012 null and void being ultra vires to the parent Act, i.e. the Environment Protection Act and Rules framed thereunder. The notification also violates the fundamental rights of the petitioner.”

It had claimed that the city government had exceeded its jurisdiction in issuing the notification.