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Judgment
Heard Sh. Pranay Joe Sebastian, Advocate for the applicant. This OA has been filed under Sections 14 and 15 of NGT Act, 2010 on behalf of an association of manufacturers of plastic i.e., Bhartiya Compostable Products Industry Association, challenging Notification dated 06.07.2022 issued by Ministry of Environment, Forest and Climate Change (hereinafter referred to as ‘MoEF&CC’) amending Plastic Waste Management Rules, 2016.
Learned counsel for the applicant contended that the definition of bio-degradable plastic sought to be amended by the impugned notification is contrary to the draft notification of the said Rules published vide Notification dated 18.01.2022, inviting objections and suggestions.
The submission ex-facie has no merit for the reason that when a draft is published inviting objections, it inherits the very concept that the final provisions or order maybe different from the draft published by the authority concerned. Besides it, the counsel for the applicant despite repeated query could not show as to what provisions of Environment Protection Act, 1986 are infringed by the above notification. Scope for challenge to the validity of the rule i.e., a delegated legislation is very limited and it has to be shown that the rule is violative of either the provisions of the Constitution or the parent act under which the sub-ordinate legislation has been made. Despite repeated query, learned counsel for the applicant could not show as to what provisions of EP Act, 1986 are infringed by the impugned notification.
Further, the applicant is seeking mandamus directing MoEF&CC to amend the Plastic Waste Management Rules, 2016 in a particular manner. We are afraid that such direction cannot be issued by this Tribunal so as to direct the authority competent to legislate in a particular manner.
The application does not give rise to any substantial question of environment arising from implementation of scheduled enactment under NGT Act, 2010.
Subsequently, Sh. Vinod Manchanda stating himself to be the Chairman of Plastic Association has appeared and seeks indulgence of this Tribunal to allow him to make his submissions. He states that the standards determined by impugned Notification are not available anywhere across the world and even the Government of India does not have any such standards. Therefore, the definition of bio-degradable plastic is illegal.
However, we find no merit in the above submission. Detailed study has been conducted by CPCB in the matter and we will not sit in appeal over the expertise of CPCB in conducting the above study and forming a particular opinion unless there is material to show that such study or inference drawn by the study are per se impossible or improbable. There is nothing on record to show the same. We find no merit in the submission.
The application is accordingly dismissed.