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High CourtsSingle Bench(2021) 06 UK CK 0111

M/s Bharat Juth House vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 24 June 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (M/S) No. 1168 Of 2018

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Judgment

17 paragraphs · 333 words

Manoj Kumar Tiwari, J

1.

By means of this writ petition, petitioner has challenged the Government Order No. 48 dated 11.01.2017. The said Government Order is on record

as Annexure no. 3 to the writ petition.

2.

Perusal of the said Government Order reveals that the State Government has imposed complete ban on sale, storage and use of goods made of

plastic/thermocol, e.g. carry bags, plates, glasses, cups, packing material etc. In the said Government Order reference has been made to the order

dated 2.12.2016 passed by Division Bench of this Court in WPPIL No. 140 of 2015.

3.

Since the Government Order has been issued to enforce the direction issued by Division Bench of this Court passed in public interest litigation,

therefore, any interference with Government Order would be unwarranted.

4.

Learned counsel for the petitioner then submits that by the impugned Government Order, State Government has imposed complete ban on all items

made of plastic/thermocol while Division Bench had banned sale, use and storage of plastic carry bags only. He has referred to the direction contained

in para 79 (P) of the final order passed by Division Bench in WPPIL No. 140 of 2015 which is reproduced below:-

“79 (P) It is further directed that there shall be a total ban of sale, use and storage of plastic carry bags throughout the State of Uttarakhand w.e.f.

01.01.2017. No person shall be permitted to bring carry bags in the State of Uttarakhand by any means of transport, including the bus, trains and air.

The State Government shall launch a special campaign to make the people aware to use paper or Jute bags to save the environment.â€​

5.

Having regard to the aforesaid facts and circumstances of the case, the writ petition is disposed of with liberty to petitioner to approach the State

Government regarding his grievance by making representation. If such representation is made within two weeks from today, decision thereupon shall

be taken, in accordance with law, within four months thereafter.