HC refuses to stay GO banning plastics

Refusing to entertain the plea moved by Tamil Nadu Plastics Manufacturers Association (TNPMA), a vacation bench of Justice S Vaidyanathan and Justice P T Asha said, “The government shall, in the long run, consider phasing out of plastic of any kind in the market, including the plastic that have been referred to the exempted provision of the Government Order.” 

The association had contended that the State Government lacked jurisdiction in the matter, as the Environment Protection Act authorises only the Centre to exercise such powers. 

Appearing for TNPMA, senior counsel G Shankaran said, “The State has exceeded its jurisdiction by passing the order in the field occupied by the central legislation conferring powers to the Centre. Therefore, on the face of it, the GO is liable to be quashed for want of jurisdiction and authority.”

The plea also contended that plastic manufacturing was being carried out by the petitioners in conformity with the norms and standards prescribed by the central legislation and within the parameters laid down by the Bureau of Indian Standards.

Hence, there could not be any order of total ban to manufacture plastics in the State in suppression of central legislation.

Moreover, the ban prohibits only use-and-throw plastics used in retail while permitting manufacturers to use plastic bags and packages at manufacturing level, the plea said.

However, opposing the plea, additional advocate general P H Arvind Pandian submitted that the State has powers to pass such a ban on plastics. He also pointed out that States like Andhra Pradesh and Madhya Pradesh have passed similar orders which were upheld by the respective high courts.

A Coimbatore-based enterprise has come up with an effective solution for the pollution caused by flex banners.

Shiva TexYarn Limited, that is into the business of canvass manufacturing, has found a 100 per cent cotton alternative. Already catering to markets in Bengaluru and other parts of the country and abroad, the manufacturer has an alternative that is degradable within three to six months depending on the size of the banner.

“The advantage is that the material is completely compatible with the existing machines used in the industry in all aspects — from ink to colour combination and sizes,” said Manesh Kumar, chief operating officer. The product has been in the market for the last six months and could be an effective alternative in Tamil Nadu too, where there is an upcoming ban on single-use plastic.

He added that the price may be a little higher — by 15 to 20 per cent. “The current cost in the traditional industry is Rs 5 to 6 per sq ft, whereas this is Rs 7 to 8 per sq ft. However, the alternative is completely environmental friendly hence the higher cost. The PVC flex is harmful to all parties —  from the makers to users.”