Bombay HC for plastic ban, calls it reasonable, refuses to stay ban

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Mumbai: The Bombay High Court on Friday found the plastic ban in Maharashtra reasonable and refused to stay the ban, imposed by the state government from this month.
A division bench of the court, comprising Justice Abhay Oka and Justice Riyaz Chagla, however, batted for common citizens found in possession of banned plastic items; the court asked the state not to launch prosecutions against individual persons for three months.

The court asked the plastic manufacturers to approach the state with a representation for seeking modifications in the plastic ban order. The state has been asked to take a decision on the representations by May 5.

The Maharashtra government banned the plastic last month by issuing a notification. While banning it, the notification said that the state banned the manufacture, sale and use of plastic bags, disposable plastic spoons, forks, cups, glasses, containers, PET bottles less than 500 ml, and thermocol for decoration.

The manufacturers have claimed that the prohibition on plastic was illegal and the state did not have powers to impose the blanket ban via an executive fiat. The petitioners have said the ban affected the fundamental right to livelihood of lakhs of families. They have sought the court’s intervention to overturn the ban and interim orders to defer the manufacture, sale and use of plastic.