Meghalaya High Court: In a public interest litigation seeking a total ban on plastic in the State of Meghalaya, the Division Bench of I.P. Mukerji, Chief Justice and W. Diengdoh, J. directed the State to issue administrative orders effectively banning the manufacture, marketing and use of plastic of less than 120-micron width; and to seize these materials from manufacturers, distributors and users.
On 16-08-2024, the Court ordered the Government to take steps to totally ban plastic items in the Page 2 of 4 State. From the said order, the present Bench noted that till the time a substitute of plastic was found, regulatory measures should be taken by the government to curb the use of those products. Perusing the affidavit affirmed by the Secretary to the Government of Meghalaya, Forest and Environment department, the Court noted that Government made a policy decision for effective plastic waste management and also took some action to seize plastic containers and other materials.
The Court stated that “plastic is derived from polythene, a polymethylene. Considering its properties, it was used and still used for storing materials, inexpensively securely and durably. It is widely used to make containers bags, bottles and other storage materials.
The Court said that since plastic has a very long natural life, the dumping of plastic waste in public places, in water-bodies and elsewhere chokes the water-bodies, the drainage system and results in accumulation of garbage in public places. The Court noted that government evolved the general policy of banning the use of plastic materials with thickness less than 120 microns. The Court directed that till substitute or substitutes are evolved to take over completely the use of plastics in the market, the government to follow the following policy:
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to issue administrative orders or make legislation or subordinate legislation effectively banning the manufacture marketing and use of plastic of less than 120-micron width;
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to seize those materials less than 120-micron width from manufacturers, distributors and users;
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to take effective steps so that plastic waste is properly managed within a short period of time and;
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to make inspection of public places and recover these items and subject them to waste management. The respondent No.2 to file a second additional affidavit in this Court before the returnable date showing the action taken in terms of this order.
The Court modified the order dated 16-08-2024 on basis of the above-mentioned directions.
[Phuyosa Yobin v. State of Meghalaya, 2024 SCC OnLine Megh 976, decided on: 21-11-2024]
