HC notice to UT Admn on plea challenging proposal to ban plastic

Chandigarh, July 18 The Punjab and Haryana High Court has issued a notice to the Chandigarh Administration on a petition challenging its proposal to ban all kind of polythene/plastic bags. The petition moved by a duo, Jarnail Singh and Karnail Singh, has challenged the very basis on which the Administration issued the notice.
The petition stated that in a notification dated December 6, 2005, the Administration had expressed its intention to ban plastic bags but had later withdrawn it. In this regard, another notification was issued on February 11, 2008. The petitioners stated that the contents of the new notification were repetitive and reproduction of the previous notification.
The petition further reads that the notifications under the Environment (Protection) Act 1986 have been promulgated. “Such an action was absolutely illegal,” the petitioner alleged.
The Environment (Protection) Act 1986 is only for regulation of pollution-causing industry and does not provide for regulating, controlling and closing small shops, outlets and/or controlling the articles legally in circulation and which are otherwise in trade all over the country and can be lawfully procured from any other part of the country, the petitioner states.
“The Chandigarh Administration is trying to unlawfully regulate this. Such an action was a clear violation of the right of equality before law guaranteed under Article 14 of the Constitution. Environment (Protection) Act 1986, being a Central Act, can not have two different set of rules promulgated by the same government for different people living under the same government and regulated by the same legislation” the petition reads.
Express News Service
Posted online: Saturday , July 19, 2008 at 04:18:05Updated: Saturday , July 19, 2008 at 04:18:05
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