ORDER
1. Prayer in this application is to issue direction for banning sale of single use plastic at source by stopping interstate transport of such material from the factories located in the jurisdiction of GNCTD. According to the applicant, who is resident of Noida, single use plastic is banned but the same is not being implemented by the Noida Authority. The plastic is being sold all over in violation of Plastic Waste Management Rules, 2018 & the Uttar Pradesh Plastic and Other Non- Biodegradable Garbage (Regulation of Use and Disposal) (Amendment) Ordinance 2018.
2. We have heard the applicant in person. While adverse effect of single use plastic is well acknowledged and once law has been enacted to address such concern, implementation needs to be ensured. However, this is primarily governance issue. The Tribunal primarily being an adjudicatory body with powers to issue directions for protection of
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environment, following principles of natural justice, general directions for enforcement of law which is in any case to be implemented do not serve any purpose. If such order is to be implemented, again question will be who are the alleged violators and why they are not being dealt with. In these circumstances, in absence of particulars of the violators and prayer being based on specific cause of action of violations, only a formal order can be passed that the Noida Authority and the State PCB may look into the grievance of the application as per law. Ordered accordingly. The application is disposed of.
A copy of this order be forwarded to the Noida Authority and the State PCB by e-mail for compliance.
Adarsh Kumar Goel, CP
S.K. Singh, JM
Dr. Nagin Nanda, EM
March 25, 2021
Original Application No. 80/2021
AVT
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