K.K.RAMESH Vs. GOVERNMENT OF INDIA

JUDGEMENT

(1.) The challenge in this Writ Petition is to the Government Order in G.O.(Ms)No.84, Environment and Forests (EC.2) Department, dated 25 June, 2018, imposing a ban on manufacture, storage, supply, sale and use of 'use and throwaway plastics' across the State of Tamil Nadu. THE FACTS:

(2.) The petitioner filed the Writ Petition in pro bono publico primarily on the ground that the Government Order in G.O. (Ms)No.84, Environment and Forests (EC.2) Department, dated 25 June, 2018, is only a paper tiger and unless there is a law made by the State Legislature, the menace of plastic would continue to the detriment of the people. The affidavit filed in support of the Writ Petition proceeds on an assumption that only by way of an executive order, the ban is imposed on the sale and use of plastics and it has no legislative sanction. The petitioner seeks a direction to make a legislation to ban the plastics and stringent punishment for violation. SUBMISSIONS:

(3.) The petitioner contended that without conducting any home work, the Government issued the impugned order, which is not comprehensive in nature. The petitioner contended that in the neighbouring State of Kerala, an Expert Committee was constituted to study the issues relating to imposition of a complete ban on one time use/throwaway plastic items and carry bags. According to the petitioner, the Government of Tamil Nadu ought to have formed a similar Committee of Experts for conducting a detailed study of the impact of plastics and the measures to be taken to ban the manufacture and sale of plastics. The petitioner further submitted that he is not against the ban of plastic items. His concern is to the absence of an effective machinery supported by a Statute to ban the plastics, both its manufacture and sale.