2009 (8) TMI 1287 - HC - Indian Laws

Summary

Issues Involved:
1. Validity of the notification dated 07.01.2009.
2. Clarification regarding the use of non-woven bags.
3. Classification of non-woven polypropylene bags as plastic bags.

Summary:

1. Validity of the Notification Dated 07.01.2009:
The notification dated 07.01.2009, issued by the Lt. Governor of the National Capital Territory of Delhi u/s 5 of the Environment (Protection) Act, 1986, forbade the use, sale, and storage of all kinds of plastic bags in specified areas such as hotels, hospitals, restaurants, malls, and main markets. This notification was challenged in WP(C) 883/2009, where the Division Bench upheld its validity, stating, "The limitations imposed are in public interest and have, apparently, been enforced in several other parts of India also."

2. Clarification Regarding the Use of Non-Woven Bags:
The Department of Environment, Government of NCT of Delhi, issued a clarification on 20.02.2009 regarding the use of non-woven bags, stating that they contained 98.3% polypropylene, a non-biodegradable material. The clarification concluded that such bags fall within the ambit of the High Court's order and should not be allowed in local shopping complexes and main markets.

3. Classification of Non-Woven Polypropylene Bags as Plastic Bags:
The petitioner argued that non-woven bags made of fibre grade propylene should not be classified as plastic bags since they are breathable, porous, and do not choke the sewage system. However, the court noted that the non-woven bags comprised 98.3% polypropylene, which is a plastic material. The court stated, "Whether it is polypropylene fibre or it is polypropylene film, the end product made out of it would remain to be plastic." Thus, non-woven polypropylene bags fall within the expression "plastic bags" as per the notification dated 07.01.2009.

Conclusion:
The court dismissed the writ petition, concluding that non-woven polypropylene bags are plastic bags and fall under the prohibition outlined in the notification dated 07.01.2009. The court emphasized that the clarification dated 20.02.2009 was unnecessary since the notification already covered "all kinds of plastic bags," making the biodegradability of the bags irrelevant. The petitioner's argument that non-woven polypropylene bags are an alternative to plastic bags was also rejected.