High Court dismisses petition against ban on plastic bags

The Delhi High Court on Tuesday dismissed a petition challenging a Delhi Government notification imposing a complete ban on use of plastic bags in the Capital, saying that ‘there is no good reason to strike down the impugned notification’.

The Court had reserved the judgment on a petition filed by the All-India Plastic Industries’ Association in May this year. The Government had issued the notification on January 7 this year following a direction by the Court last year on a public interest litigation seeking a ban on use of plastic bags in the Capital.

The petitioner had challenged the notification on the grounds that the ban was arbitrary and contrary to the Centre’s rules in this regard as the Government had failed to take into consideration the practicality and feasibility of the ban before issuing the notification.

Counsel for the Government opposed the contentions of the manufacturers submitting that they were not affected adversely by the notification as it had not banned the production of plastic bags in the Capital. Dismissing the petition, a Division Bench of the Court said: “There can be no doubt that the limitations imposed on the use of plastic bags are in public interest and have, apparently, been enforced in several other parts of India also. Merely because some commercial interests of the petitioners are diluted does not mean that there is no public interest in issuing the impugned notification. We find no good reason to strike down the impugned notification.” On the plea of the petitioners that their business had come to a standstill following the ban, the Bench said: “We are unable to understand how this is possible. The manufacture of plastic bags has not been prohibited by the respondents. The use and sale of plastic bags has also not been prohibited except in certain designated areas, and not elsewhere. At best, the manufacturing activity of the petitioners would have been reduced or their quantum of sales would have decreased – but that is not sufficient to invalidate the impugned notification.”

The High Court had last year extended the scope of ban on use of plastic bags to the city’s main markets and local shopping centres as well.

Earlier, their use was banned only in hotels, hospitals and malls.