Madhya Pradesh High Court
M/S Popular Plastic vs The State Of Madhya Pradesh on 15 June, 2017
WP-8182-2017
(M/S POPULAR PLASTIC Vs THE STATE OF MADHYA PRADESH)
15-06-2017
Shri Naman Nagrath, Senior Advocate with Shri S.K. Dixit,
learned counsel for the petitioners.
Shri P.K. Kaurav, Advocate General with Shri Swapnil
Ganguly, Government Advocate for the respondent No.1/State on
advance copy.
Shri V.S. Shroti, learned Senior Advocate with Shri Ashish Shroti, learned counsel for the respondent no.1 on advance copy.
Heard on the question of admission.
Learned counsel for the petitioners has submitted that the Indore Bench of this Court has passed an interim order in the connected writ petition on 1.6.2017 and the same interim protection be also granted to the petitioners as granted by the Indore Bench.
Learned Advocate General has submitted that he wants to argue the case on merits as also on interim relief because the question is important one affecting the stage of pollution in the State.
The Indore Bench has passed the following order:-
"At this stage, looking to the amendment of Section 3 in Madhya Pradesh Jaiv Annashya Apashishta (Niyantaran) Adhiniyam, 2004 (for short Adhiniyam of 2004), the operation of the notification cannot be stayed but considering the facts and circumstances of the case and also the rules published by respondent no.4 Minister of Environment and Forest Climate Change, Government of India on 18.3.2016, it is, however, observed by way of interim relief that petitioner shall not produce plastic carry bags but looking to the fact that the industry was running after environmental clearance and all of a sudden making amendment in the Adhiniyam within a week without giving reasonable opportunity to dispose of the stock, however, it is directed that for the stock which was available on the date of notification, no coercive action shall be taken against the petitioners.
As prayed by counsel for petitioners, he is at liberty to amend the writ petition challenging the vires of the amended Section 3 of the Adhiniyam of 2004".
List the matter on 19.6.2017.
Up to the next date of hearing, it is directed that for the stock which was available on the date of notification, no coercive action shall be taken against the petitioners.
Certified copy as per rules.
(S.K. GANGELE) (RAJENDRA MAHAJAN)
JUDGE JUDGE
rao