The Rajasthan High Court has recently upheld the State’s ban on laminated paper cups, plates, and glasses, as they are considered single-use of plastic commodities.
The court justified its decision by highlighting that the plastic-coated paper primarily consists of 95% paper and a thin layer of low-density polyethylene for water resistance.
The manufacturers’ challenge to the notice issued by the Rajasthan State Pollution Control Board (RSPCB) directing the closure of industries producing laminated paper cups got dismissed by the court.
The ban on these items was in accordance with the notification issued by the Ministry of Environment, Forest and Climate Change (MoEF & CC) under the Plastic Waste Management Rules in August 2021.
In April and July 2022, RSPCB issued notices to shut down the businesses of the petitioners.
The RSPCB included plastic cups in the list of banned items, and the matter of laminated cups had been discussed by a National Task Force.
However, RSPCB informed the Court that plastic cups were included in the list of banned items since the ban’s inception and that the matter of laminated cups was deliberated by a National Task Force formed specifically for this purpose in June 2022 and the notification of prohibition was in line with the findings of this Task Force.
The court directed the state government to enforce the notification and affirmed the jurisdiction of RSPCB in issuing closure notices to the petitioners stating that the ban on single-use plastics constituted a “reasonable restriction”.
The case name is Khandelwal Paper Industries vs Rajasthan State Pollution Control Board.
The court concluded that the ban on single-use plastics was a reasonable restriction & dismissed the allegations of fundamental rights violation. including Article 19 (1) (g), Article 21, and Article 14.
The case is known as Khandelwal Paper Industries vs Rajasthan State Pollution Control Board.
