SUKHIVENDER KAUR GILL Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present Special Appeal is directed against the order dtd. 9/12/2022 passed by the learned Single Judge in Writ Petition No. 3142 of 2022 (M/S) preferred by the appellant. The learned Single Judge has dismissed the said writ petition, wherein the appellant had challenged the order dtd. 26/3/2022 issued by the State Pollution Control Board, imposing a fine of Rs.5,00,000.00 on the appellant, and the recovery citation dtd. 9/11/2022 issued by respondent no. 5, to effect recovery of the said fine.

(2.) The case of the appellant was that he is running a small scale industry, which is manufacturing non woven fabric (plastic carry bags). For the manufacture of the said product, the appellant purchases raw material in clippers form, and the thickness of the non woven fabric is 60 GSM. The respondent no. 4 conducted inspection of the premises of the appellant on 26/3/2022, and since the appellant was found to be conducting its business activities in contravention of the Uttarakhand Plastic and Other Non Biodegradable Garbage (Regulation of Use and Disposal) Act, 2013, and the order dtd. 14/10/2021 issued thereunder, fine of Rs.5,00,000.00 was imposed by the order dtd. 26/3/2022.

(3.) The appellant challenged the imposition of fine on the ground that the non woven fabric manufactured by the appellant being of 60 GSM, its manufacture was permissible under Sec. 4 (j) of the notification dtd. 12/8/2021 issued by the Ministry of Environment, Forest & Climate Change. The said notification brought into force the Plastic Waste Management (Amendment) Rules, 2021 w.e.f. the date of publication i.e. 12/8/2021. Post amendment, Rule 4 of Plastic Waste Management Rules, 2016, insofar as, it is relevant, reads as follows: