Thar Poly Paper Industries LLP vs. Rajasthan State Pollution Control Board

Facts

The petitioners, including M/s Khandelwal Paper Industries, Thar Poly Paper Industries LLP, M/s. Parshwanath Industries, M/s. S.k. Papers, Shri Balaji Polycoating Company, M/s Ganpati Industries, M/s Vinayak Industries, and M/s Sunrise Poly Laminators, filed writ petitions challenging orders dated July 14 and 15, 2022, passed by the Rajasthan State Pollution Control Board (RSPCB). These orders directed the petitioners to cease manufacturing and selling products made of plastic, specifically laminated paper cups and paper cups with plastic coating. The petitioners argued that these products were essential for their business and that the ban was arbitrary and lacked proper justification. The RSPCB, along with the Union of India and the State of Rajasthan, contended that the ban was necessary to curb plastic pollution, citing environmental concerns and a notification dated August 12, 2021, which prohibited the manufacturing, import, stocking, distribution, sale, and use of certain single-use plastic items.

Held

The Court dismissed the writ petitions. The Court found that the impugned orders were not arbitrary or illegal. It relied on the Division Bench of the Madras High Court's judgment in Chennai Non Woven’s Private Limited, which dealt with identical products (laminated paper cups/paper cups with a plastic coating). The Court noted that a Special Leave Petition against the Madras High Court's judgment was pending before the Apex Court, but no interim order or stay had been granted. The Court reiterated the environmental concerns associated with plastic pollution, emphasizing the long decomposition period of plastics and their harmful effects on animals and soil quality. The Court observed that the compliance with the notification dated 12.08.2021 had been lethargic and negligent, leading to the continued operation of manufacturers of prohibited commodities. Therefore, the Court directed the Regulatory Authority to strictly implement the notification dated 12.08.2021 with immediate effect. The Court also directed that a copy of the order be sent to the Chief Secretary of Rajasthan and other relevant authorities for implementation.

Key Issues

1. Whether the impugned orders dated 14.07.2022 and 15.07.2022 passed by the Rajasthan State Pollution Control Board (RSPCB), directing the petitioners to cease manufacturing and selling products made of plastic (laminated paper cups/paper cups with plastic coating), are arbitrary, illegal, and violative of the petitioners' right to carry on business under Article 19(1)(g) of the Constitution of India, particularly in light of the notification dated 12.08.2021. Petitioner's arguments: The petitioners contended that the RSPCB's orders were arbitrary and lacked proper justification. They argued that the products in question were essential for their businesses and that the ban was imposed without due consideration of their economic impact. They also argued that the ban was not uniformly applied and that there was a lack of clarity regarding the specific items prohibited. Respondents' arguments: The respondents (RSPCB, Union of India, State of Rajasthan) argued that the ban was implemented in accordance with the notification dated 12.08.2021, which aimed to address the severe environmental pollution caused by single-use plastics. They relied on scientific studies and judicial pronouncements highlighting the detrimental effects of plastic waste on the environment and public health. They asserted that the ban was a necessary measure to protect the ecology and that the petitioners' business activities were contributing to this pollution.