(1.) SINCE common questions of law and facts are involved in all these writ petitions, the same were taken up together for hearing and are being disposed of by a common judgment. However, in order to maintain clarity, facts of all these CWP Nos. 1732/2010, 1885/2010, 7033/2010, 4665/2013 and 4675/2013 and 4723/2013 have been taken into consideration.
(2.) THE petitioner is an agriculturist by occupation. He owns 35 Kanals of agricultural land. According to the averments contained in the petition, respondent No.2, i.e. Himachal Pradesh State Civil Supplies Corporation Ltd. has invited tenders for purchase of 14 lacs plastic bottles/pouch packs of Kachhi Ghanni Mustard Oil Agmark Grade -I for supply to its various godowns in the State of Himachal Pradesh. The petitioner has only challenged the tender process to the extent inviting tenders of mustard oil in pouch packs in violation of the Himachal Pradesh Non -Biodegradable Garbage (Control) Act, 1995. According to reply filed by respondent No.2, the use of plastic pouches for the supply of essential commodities is economical and use of the same is inevitable. It is further averred in the reply that pouch packing is cheaper by Rs.2.29.
(3.) IT is averred in the petition that the respondent - State has not taken any affirmative action to discourage the use of plastic bags in the shape of pouches etc. which are being used by manufacturers or producers for sale of their products. According to the petitioner, products such as milk, lassi, refined oil, iodized salt, desi ghee, paneer, pulses, gutkas, pan masalas, flour, shampoos, rice, wafers etc.. are being sold either in plastic pouches or flax laminated pouches. However, these products may be sold in polypack bottles and paper bags etc.. According to the petitioners, the plastic pouches or flax laminated pouches are being littered without disposing of the same in a scientific manner. According to the petitioner, since there is no scientific disposal of non -biodegradable material, a complete ban should be imposed to avoid environment degradation. The petitioner has also highlighted that the respondent -State has not taken sufficient steps to educate the people about the ill effects of the haphazard throwing or depositing of non -biodegradable garbage in public drains, roads and places open to public view. The petitioner has sought direction to the respondent -State not to permit sale of products packed/packaged in plastic/non biodegradable material in accordance with law.