The Madras High Court on its own impleaded the Ministry of Environment, Forest and Climate Change and the Ministry of Chemicals and Fertilizers Tuesday as respondents in a PIL seeking quashing of a state government order banning plastic from January 1.
"The impugned order is liable to be set aside due to non-application of mind and contrary to central legislations like the Environment (Protection) Act, 1986, Environment (Protection) Rules, 1986, Solid Waste Management Rules, 2016 and Plastic Waste Management Rules, 2016," the Tamil Nadu Plastics Manufacturers' Association and others said in their plea.
Senior Counsel P Wilson, who appeared for the association, contended that the state government cannot issue the ban order "when the field is occupied by rules made by the Centre namely the Plastic Waste management rules".
He further submitted that environment subject was a matter falling under the residuary power of the Constitution and only Parliament has legislative competence.
"Consequently, the state can neither pass laws nor executive orders in this field and the ban is repugnant to the rules framed by the central government," he said.
A division bench of Justices M M Sundresh and Krishnan Ramaswamy posted the matter for further hearing to February 5.
The Tamil Nadu government had in June announced that it would ban the use of plastic items, including non-biodegradable carry bags, from January 2019 to "gift a plastic-free" state to future generations.
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