ALL INDIA PLASTIC INDUSTRIES ASSOCIATION Vs. GOVERNMENT OF NCT OF DELHI DEPARTMENT OF FORESTS AND WILDLIFE

JUDGEMENT

(1.) THREE questions arise for our consideration in this case. Firstly, on the preliminary submission of the learned Additional Solicitor General - whether the writ petition filed by the Petitioners should at all be entertained in view of the principles analogous to the principles of res judicata or constructive res judicata since the issues raised in this case are similar to the issues raised in an earlier writ petition. In our opinion, this writ petition ought not to be entertained for the reason canvassed by the learned Additional Solicitor General. Additionally, in this case we are called upon to collaterally decide the correctness of the decision taken in the earlier writ petition, which is not permissible on the facts and in the circumstances narrated herein below.

(2.) APPARENTLY , with a view to assist the Court in issuing appropriate directions, the Division Bench hearing the PIL constituted a Committee headed by Justice R.C. Chopra, a retired judge of this Court as its Convener, with the Chairman of the Central Pollution Control Board and the Chairman of the Delhi Pollution Control Committee as its Members. Seven questions were posed for the consideration of the Committee and the Report given by it in respect of each question is as follows:

(3.) SUBSEQUENT to the decision rendered by this Court, the Delhi Government issued advertisements in newspapers discouraging the use of plastic bags and a list of "must do" by consumers, retailers, manufacturers, recyclers, airports, malls, railways, fast food centres etc. Following up on this publicity blitz, the Delhi Government issued a notification dated 7th January, 2009 wherein it was mentioned in Clause (2) thereof that the use, sale and storage of all kinds of plastic bags is forbidden in several generally identified places in the National Capital Territory of Delhi. In Clause (3) of the notification, it was laid down that in places other than those covered by Clause (2), only biodegradable plastic bags could be used. The notification also conferred jurisdiction on several officials to enforce its terms.