Gitanshi Polychem Private Ltd vs State Of Uttarakhand & Anr on 19 July, 2022

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Uttarakhand High Court

Gitanshi Polychem Private Ltd vs State Of Uttarakhand & Anr on 19 July, 2022

Bench: S.K. Mishra

       IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

             Writ Petition No. 1026 of 2021 (M/S)

Gitanshi Polychem Private Ltd.                 ..... Petitioner
                           Versus
State of Uttarakhand & Anr.                      .....Respondents
                                With
             Writ Petition No. 1025 of 2021 (M/S)

Snow Pack Firm                                 ..... Petitioner
                                Versus
State of Uttarakhand & Anr.                      .....Respondents

                                With
             Writ Petition No. 1027 of 2021 (M/S)

M/s Shyamrai Ecopack Inc.                      ..... Petitioner
                                Versus
State of Uttarakhand & Anr.                      .....Respondents

                                With

             Writ Petition No. 1028 of 2021 (M/S)

Sree Durga Fiber Products (p) Ltd.               ..... Petitioner
                           Versus
State of Uttarakhand & Anr.                      .....Respondents
                                With

             Writ Petition No. 1110 of 2021 (M/S)

Shree Shaandar Industry Pvt. Ltd.                ..... Petitioner
                         Versus
State of Uttarakhand & Anr.                      .....Respondents

Present:
      Dr. Kartikey Hari Gupta, the learned counsel for the petitioners.
      Mr. T.S. Phartiyal, the learned Addl. C.S.C. and Mr. Pradeep
      Hairiya, the learned Standing Counsel for the State.

                    Date of order : 19.07.2022

Sri S.K. Mishra, J.

(Upon hearing the learned counsel for the parties, this Court made the following order:-

By filing these bunch of writ petitions, the petitioners have sought a direction in the nature of mandamus to allow the petitioner to manufacture, store, carry, transport in order to export their products i.e. disposable utensils of plastic and kitchenware outside the State of Uttarakhand and international market where it is allowed to be used; and, issue a writ in the nature of certiorari calling for records and quash the Government Notification dated 16.02.2021, Annexure No. 1 to the writ petition.

2. It is apparent from the record that Annexure No. 1 is the Notification by which the State of Uttarakhand has directed a complete ban of sale, trade, manufacture, import, store, carry, transport, use, supply or distribution of plastic or polythene. The said Notification came before the Division Bench presided by the Hon'ble Chief Justice of this High Court in WPPIL No. 93 of 2022. This Court on 07.07.2022 issued slew of directions. It is apparent from paragraph 33 of the aforesaid judgment. The Division Bench took into notice the entire contents of the Notification and further held at paragraph 34 that these restrictions have only remained on paper, and no significant, effective or perceptible effort has been made by the State to enforce the same on the ground level, therefore, the State and its officers were directed to enforce the restrictions imposed by the said Notification dated 16.02.2021 forthwith.

3. Thus, it is apparent that the petitioners are seeking direction to quash the particular Government Notification, i.e. Annexure No. 1, which the Division Bench thought proper to direct the State and its officers for its implementation in its letter and spirit. Thus, quashing of such Notification, banning manufacture of the plastic and polythene item, cannot be granted by this Court. Moreover, this is no more in dispute that the plastic and polythene pose a major threat to the environment and ecological balance. Especially, in Sub-Himalaya region which consists majority of the State of Uttarakhand the ecology is very delicate which requires proper nursing and proper diligence on the part of the human beings for not causing further damages.

4. This Court is of the opinion that no order can be passed allowing the petitioner to carry manufacture of plastic items, be it single use or for multiple uses in the State of Uttarakhand.

5. Hence, writ petitions are being devoid of merit and dismissed.

6. Urgent certified copy of the order be provided as per rules.

(Sanjaya Kumar Mishra, J.) PV 4

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