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Showing contexts for: plastic waste rules in Habibur Rahaman vs The State Level Environment And Impact ... on 21 March, 2023Matching Fragments
9. So far as the Respondent No.10, M/s Soma Enterprise, is concerned, the affidavit of the West Bengal Pollution Control Board reveals that on 17.11.2022 a notice was also issued to the Mr. Haran Halder, proprietor of M/s Soma Enterprise, Respondent No.10 herein, alleging that the said Unit was operating after obtaining Consent to Operate from the State Board under 'Green' category for manufacturing virgin plastic carry bags above 120 microns but plastic carry bags manufacturing from re-processed plastic granules is under 'Orange' category. It is also stated that the said Unit is manufacturing plastic bags of thickness below 75 micron which is banned in the State of West Bengal. The Respondent No.10 was also found violating the Plastic Waste Management Rules, 2016. The letter dated 17.11.2022 also shows that the Unit of Respondent No.10 is not registered under the Plastic Waste Management Rules, 2016. Therefore, the Unit of Respondent No.10 was issued show cause notice to submit its reply within seven days before the State Board.
13. The learned Counsel for the Respondent No.10 submitted that the allegations in the Original Application are very different from the grounds on which the show cause notice was issued to the Respondent No.10 Unit by the West Bengal Pollution Control Board and, therefore, the present Original Application should be dismissed.
14. At the outset, we may reject the submission of the learned Counsel for the Respondent No.10 by observing that the Original Application has been filed, inter-alia, alleging illegal plastic manufacturing factory or Karkhana on Dag No. 170 of Mouza - Kalagechia, J.L. No. 40, Police Station-Kalitala Ashuti under the Ashuti-II Gram Panchayat of South 24 Parganas District. The Show Cause Notice of the West Bengal Pollution Control Board dated 17.11.2022 issued to the Unit of Respondent No.10 clearly mentions that it had obtained Consent to Operate from the State Board under 'Green' category for manufacturing virgin plastic carry bags above 120 microns but was manufacturing plastic carry bags of thickness below 75 microns from re-processed plastic granules which is under 'Orange' category and, therefore, was operating its Unit in violation of the Consent to Operate besides other violations of Plastic Waste Management Rules, 2016.