Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) NO. 856 OF 2013
M/S HARSH INTERNATIONAL & ANR. PETITIONERS
VERSUS
UNION OF INDIA & ORS. RESPONDENTS
J U D G M E N T
KURIAN,J.
1. This writ petition is filed with the following prayers:
(i) Issue a Writ, order or direction in the nature
of mandamus directing the respondents that the
exemption to carry bags as contained under Rule-2
of Plastic Wastes (Management & Handling) Rules,
2011 must be available to the Petitioners also to
manufacture exclusively for export its product
filter Khaini in plastic packaging or read down the
provision contained under Rules 2 and 5
accordingly; and/or
JUDGMENT
(ii) Issue a writ, order or direction in the
nature of mandamus directing the respondents not to
prohibit the petitioners' 100% export oriented unit
located in the Noida Special Economic Zone from
manufacturing its product filter Khaini in plastic
packaging meant exclusively for exports purposes.
(iii) Grant such and other further orders as may be
deemed just and necessary in the facts and
circumstances of the present case.
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2. W.P.(C) No. 471/2015 on the same issue has been
allowed by this Court by following the order dated
03.09.2013 of this Court in W.P. (C) No. 466 of 2011
titled “Baba Global Ltd. Vs. Union of India” wherein this
Court has permitted the use of plastic bags subject to the
undertaking. We are informed that the petitioners have
already filed the similar undertaking. Hence, subject to
compliance of undertaking filed by the petitioners, these
writ petitioners would also be exempted from operation of
the Plastic Wastes (Management and Handling) Rules, 2011
and this Writ Petition is allowed in terms of the order in
Baba Global Ltd (Supra).
...................J.
[KURIAN JOSEPH]
.......................J.
[ROHINTON FALI NARIMAN]
NEW DELHI;
JULY 18, 2016
JUDGMENT
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