Order
Writ Petition (C) No. 154 of 2012
1. Heard the learned Senior Counsel for the petitioners and the learned counsel for the Union of India and the counsel appearing on behalf of the different States, which are being impleaded in this writ petition.
2. This petition is filed by Karuna Society for Animals and Nature and others seeking for issuance of appropriate directions under Section 5 of the Environment (Protection) Act, 1986, prohibiting the use, sale and disposal of plastic bags in all municipalities and Municipal Corporations, in the country inter alia, with the following prayers:
(1) Respondent 1 to issue appropriate directions under Section 5 of the Environment (Protection) Act, 1986 prohibiting the use, sale and disposal of plastic bags in all municipalities and Municipal Corporations;
(2) Respondent 1 to issue appropriate directions to all State Governments and municipalities/Municipal Corporations to forthwith prohibit and/or to phase out in a time-bound manner the “open garbage disposal system” and to remove open garbage receptacles;
(3) Respondent 1 to issue appropriate directions to State Governments, Municipal Corporations and municipalities requiring them to implement door-to-door garbage collection and to ensure that waste storage facilities are built and managed such that animals are not allowed to move around in the vicinity of such facilities;
(4) Respondent 1 to issue appropriate directions to State Government/Municipal Corporation and municipalities to require segregation of all plastic waste across the municipal solid waste collection and disposal chain/systems; and
(5) the respondent State Governments to issue appropriate directions prohibiting the use, sale and disposal of plastic bags in all municipalities and Municipal Corporations within their territory.
(6) Respondent 1 and the 19th Respondent to provide animal shelters, rescue homes and veterinary services for stray cattle to provide amelioration for suffering animals.
3. In support of the above reliefs the averments made in the petition and a number of documents were produced which relate to protection of animals and also for the protection of environment. The use of plastic by the residents in the above areas, which is often consumed by the animals adversely affects their digestive tract resulting in their death and post-mortem of such dead animals will be conducted ultimately polluting the whole of the areas where the public residents are residing thereby the public residents would suffer on account of unhygienic conditions that would prevail in the area.
4. After hearing the learned counsel for the parties and perusing the prayers made in the petition and the material evidence produced for our perusal, it is evident that the situation is very alarming but it is not for this Court to monitor the functioning of authorities and local authorities concerned to see that the areas of the local self-government are not polluted. Accordingly, we direct the Union of India and the State Governments to consider the prayers in the petitions and take all necessary steps in the matter in accordance with law by constituting committees consisting of competent persons who have got sufficient knowledge on the subject-matter. The Central Government may also set up an appropriate monitoring mechanism in the matter. In our considered view the respective regional Natural Green Tribunal Benches can monitor and regulate the cases by passing/giving orders or directions to all the statutory authorities and local self-governments concerned in the country for discharge of their constitutional and statutory duties.
5. With the aforesaid directions and observations, the prayers extracted above are allowed to the above extent and the writ petitions are disposed of.
6. The petitioners are at liberty to give their suggestions to the authorities concerned and approach statutory authorities/tribunal concerned in case of violation of statutory provisions in accordance with law.
Writ Petition (C) No. 19 of 2014
7. Application for permission to appear and argue in person is allowed.
8. As prayed by Mr S.N. Bhardwaj, petitioner-in-person, the writ petition is permitted to be withdrawn with liberty to approach the appropriate forum.
9. With the aforesaid liberty, the writ petition is dismissed as withdrawn.