The Delhi High Court today transferred to the NGT two matters challenging the city government's 2012 notification imposing a blanket ban on use of plastic bags.
A bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal said that the tribunal is already hearing pleas against use of plastic carry bags in various areas of Punjab and Haryana.
While sending the matter to the National Green Tribunal (NGT), the bench asked the Delhi government not to take any coercive steps against petitioner Plastic Manufacturers Association for eight weeks.
"We direct the transfer of these two petitions to the NGT," the bench said, adding, "Since the impugned notification has not been enforced yet, the respondents are directed not to take any coercive steps for eight weeks from today."
The tribunal has prohibited use of plastic carry bags in various areas of Punjab and Haryana on the plea by Chandigarh resident Rishi Dev Anand who has alleged "gross failure" in waste management system and delay in tackling garbage disposal in the Union Territory of Chandigarh.
The high court was hearing a plea by the association which had challenged the Delhi government's October 23, 2012, notification banning the manufacture, sale, storage, usage, import and transport of all kinds of plastic carry bags.
The then Sheila Dikshit government had issued the order under which no person could manufacture, import, store, sell or transport any kind of plastic bag in the city and it was to come into force from November 23, 2012, but the high court had stayed it.
The association had challenged the notification saying, "Declare impugned notification of October 23, 2012 null and void being ultra vires to the parent Act, i.E. The Environment Protection Act and Rules framed thereunder. The notification also violates the fundamental rights of the petitioner."
It had said the city government had exceeded its jurisdiction in issuing the notification.
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