ALL INDIA PLASTIC INDUSTRIES ASSOCIATION Vs. STATE OF TRIPURA; COMMISSIONER, DEPARTMENT OF SCIENCE, TECHNOLOGY UNION OF INDIA

JUDGEMENT

(1.) This writ appeal is directed against the judgment dated 16.01.2014 passed by a learned Single Judge of this Court in WP(C) 423 of 2013 whereby the learned Single Judge held that the issues raised by the appellant (hereinafter referred to as the original writ petitioner) fell within the jurisdiction of the National Green Tribunal and therefore the appropriate remedy for the writ petitioner would be to approach the National Green Tribunal and he accordingly held that the writ petition was not maintainable.

(2.) The writ petitioner is an association of plastic industries and they are aggrieved by the notification dated 3rd July, 2013 published in the gazette on 4th July, 2013 whereby the State of Tripura imposed a complete ban on the manufacture, import, storing, transport, sale and use of plastic carry bags in the entire State of Tripura. This notification was issued by the State Government in exercise of the powers vested in the Central Government under Section 5 of The Environment (Protection) Act, 1986 which powers of the Central Government have admittedly been delegated to the State Government.

(3.) Various contentions were raised before the learned Single Judge including,