SAVANI SCREEN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) Heard, Mr.R.Prabhakaran, learned counsel appearing for the petitioners, Mr.A.Muthukaruppan, learned Additional Government Pleader accepting notice on behalf of the respondent Nos.1 and 2, Mr.V.Vaasanthakumar, learned counsel appearing for the third respondent and Mr.P.Subbiah, learned Central Government Standing Counsel for the respondent Nos.4 and 5.

(2.) The prayer sought for in all these writ petitions are for issuance of writ of certiorarified Mandamus to call for the records relating to the inclusion of Non-woven Polypropylene bags as banned plastic item No.4(c) as shown in the web-portal of the third respondent, Tamil Nadu Pollution Control Board and to quash the same as it is not a one-time user and it is reusable and recyclable and also contrary to the fifth respondent's Plastic Waste Management Rules 2016, communicated by the Central Government, which restricts only the Polypropylene bags of below 50 microns and consequently, to declare that the restriction imposed under G.O.(Ms).No.84 dated 25.06.2018 of the fifth respondent is not for the manufacture and sale of Polypropylene multiple user bags containing above 50 microns.

(3.) The learned counsel appearing for the petitioners submitted that the Central Government had issued notification dated 10.02.1988 in S.O.152(E)- in exercise of the powers conferred under Section 23 of the Environment (Protection) Act, 1986, whereby the Central Government delegates the powers vested in it under Section 5 of the Act to the Government of Tamil Nadu and other State Governments, subject to the condition that the Central Government may revoke such delegation of powers in respect of all or any one or more of the State Governments or may itself invoke the provisions of Section 5 of the Act, if in the opinion of the Central Government such a course of action is necessary in public interest.