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Central Pollution Control Board v. State Of Andaman & Nicobar And Others

National Green Tribunal
Jul 20, 2018

1. This Application has been filed by the Central Pollution Control Board seeking compliance of directions issued under Section 5 of The Environment (Protection) Act, 1986 particularly implementation of Plastic Waste Management Rules, 2016. There are 71 respondents who are States Union Territories, Pollution Control Board/Committees.

2. The Grievance in this Application is that although 2016 rules have been framed, the same are not being complied by the States and the Union Territories. Plastic is being managed, stocked, sold and used in violation of the Rules, 2016. The Local Bodies and the Pollution Control Board are not complying the Statutory duties.

3. Notice was issued to the Respondents and they were given opportunity to file their replies. The matter has been pending for more than a year and as many as 13 hearings have taken place.

4. We have heard the learned counsel for the parties and perused the pleading, including affidavits filed by the Chandigarh Pollution Control Committee and the Kerala State Pollution Control Board.

6. No meaningful arguments have been addressed in opposition to this Application. It is not disputed that the directions have been issued under Section 5 of The Environment (Protection) Act, 1986 which are binding and the same have not been challenged though an appeal lies before this Tribunal under Section 16(g) of the National Green Tribunal Act, 2010.

7. In view of the above we do not see any reason why the Application should not be allowed.

8. Accordingly, we allow this Application and direct the Respondents to comply with the directions issued under Section 5 of The Environment (Protection) Act, 1986.

Accordingly, Original Application No. 247/2017 and M.A Nos. 469/2017, 1405/2017 and 1418/2017 stand disposed of without any order as to cost.