Delhi High Court refuses to stay the notification

The ban on manufacture, sale and use of most types of plastic bags in the Capital came into force on Friday.

For its part, the Delhi High Court also refused to stay the Delhi Government notification on ban on a petition filed by All-India Plastic Industries Association.

Though the Delhi Government notification issued on October 23 stipulates that nobody can manufacture, import, store, sell or transport any kind of plastic bags, even those used for covering magazines, books, invitation cards and for collecting garbage in the city, the administration on Friday appeared at a loss on how to implement the stringent provisions.

Chief Minister Sheila Dikshit said efforts would be made to create awareness about the issue. She said involvement of the people in making the city free of plastics that pollute the environment would be solicited.

The notification had banned use of most forms of plastics and trading in them. It had stated that no person, including shopkeepers, vendors, wholesalers, retailers and hawkers, will be allowed to sell, store or use plastic bags for supply of any goods. The use of plastic cover/pouch to pack magazines, greeting cards and invitation cards has also been banned.

However, plastic bags used for packing food stuffs like milk, cooking oil, flour and plastic cups have been excluded from its purview. Similarly plastic bags for use, as specified under the Bio Medical Waste (Management and Handling) Rules, 1998, are not covered under the ban.

It was due to such stringent norms, that the Association had urged the court to set aside the notification.

It had challenged the competence of the Delhi Government to notify the Environment (Protection) Act, 1986, which was a Central legislation, and submitted that this would affect lakhs of employees engaged in the plastic bags industry. However, the High Court rejected the appeal for a stay on the ban.

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