2013 (9) TMI 1142 - SC - Central Excise

100% EOU - Exemption u/r 2 of Plastic Wastes (Management & Handling) Rules, 2011 - export of Pan masala, Gutkha and tobacco in multilayered plastic sachet and also in other packages containing plastic - in case of exemption from Plastic Waste (Management and Handling) Rules, 2011 (as amended) being granted for the export of Pan Masala, Gutkha and tobacco products in plastic packaging, the petitioner company undertakes not to sell Pan Masala, Gutkha and tobacco products in plastic packaging inside India in violation of the Plastic Rules - the said exemption shall not apply to the waste and rejects - the company shall not bring back the exported Pan Masala, Gutkha and Tobacco products in plastic packaging to India for distribution or sale - all the conditions to be complied - petition dismissed.

Summary

Issues:
1. Petition for writ of declaration regarding exemption under Plastic Wastes Rules, 2011 for export of Pan masala, Gutkha, and tobacco in plastic packaging.
2. Petition to quash impugned Rules 5(d) and 5(g) of Plastic Wastes Rules, 2011.
3. Petition declaring Rules 5(d) and 5(g) as violative of Articles 14 and 19(1)(g) of the Constitution and ultra vires the Environment Protection Act, 1986.

Analysis:
The petitioners sought a writ of declaration to avail the exemption under rule 2 of the Plastic Wastes (Management & Handling) Rules, 2011 for exporting Pan masala, Gutkha, and tobacco in plastic packaging. Additionally, they requested to quash Rules 5(d) and 5(g) of the same rules, claiming them to be violative of constitutional provisions and the Environment Protection Act, 1986. The petitioners' representative provided an undertaking stating that the company, a 100% Export oriented Unit in a Special Economic Zone (SEZ), would not sell the mentioned products in plastic packaging domestically if granted exemption. The Additional Solicitor General confirmed that, based on the undertaking, the unit would be exempted from the Plastic Wastes Rules, 2011. Consequently, the Court disposed of the writ petition as infructuous.

This judgment primarily addressed the petitioners' requests related to the exemption under the Plastic Wastes Rules, 2011 for exporting specific products in plastic packaging. The petitioners' compliance with conditions, as stated in the undertaking, led to the Additional Solicitor General confirming the exemption for the unit. The Court, considering the undertaking and confirmation, disposed of the writ petition as infructuous, indicating that the matter was resolved based on the provided assurance and subsequent exemption granted to the petitioners' unit.

The Court's decision to dispose of the writ petition as infructuous stemmed from the petitioners' compliance with the conditions outlined in the undertaking regarding the export of Pan masala, Gutkha, and tobacco products in plastic packaging. The confirmation by the Additional Solicitor General regarding the exemption for the petitioners' unit based on the undertaking rendered the petition moot. This outcome highlights the significance of parties' commitments and representations in legal proceedings, influencing the resolution of disputes and petitions before the Court effectively.

In conclusion, the judgment reflects the Court's consideration of the petitioners' requests for exemption under the Plastic Wastes Rules, 2011 and the subsequent compliance with conditions through a provided undertaking. The resolution of the matter as infructuous underscores the importance of parties' commitments in legal proceedings and their impact on the Court's decisions. The disposal of the writ petition signifies the effective resolution of the issues raised by the petitioners through adherence to specified conditions and subsequent exemption granted to the petitioners' unit.