States directed to submit report on implementation of ban on use of plastic carry bags

Supreme Court: Showing concern over non-implementation of the ban imposed via notification dated 21.07.2010 upon the manufacture, use, store, import sell or transport plastic carry bags within the State of Rajasthan, represented by Shiv Mangal Sharma, the 3 judge bench of H.L. Dattu, CJ and Madan B. Lokur and Dr. A.K. Sikri, JJ constituted a 3 member committee of advocates Bina Madhavan, Menaka Guruswamy and D.V. Raghu Vamsy to visit some of the important cities in the State of Rajasthan and submit an appropriate report before the Court, inter alia, indicating whether the State of Rajasthan is seriously implementing the said notification.

V.N. Raghupathy, appearing for the State of Karnataka had contended that a State Level Advisory Committee for monitoring and implementation of Plastic Waste Management in the State was constituted by the State and the said committee had also met thrice to discuss, in detail, the implementation of the said ban. The Court responded to the said contention by clarifying that a mere constitution of a Committee and the numerous meetings conducted by the Committee to discuss the various means for implementation of the Rules will not alone solve the problem. The Committee should not only formulate ways and means to effectively implement the Rules but also to oversee that these Rules are implemented with all seriousness by the respective stakeholders.

In the case where the petitioners were represented by Shyam Divan, the Court also took note of the fact that other respondent States had not filed and reply to the prayers made by the petitioners in the present writ petition, thereby directing the Chief Secretaries of each State to be present before the Court within 2 weeks and went on to say that the non-appearance by the Chief Secretaries in the next hearing will result in granting of relief sought by the petitioners. Karuna Society for Animals & Nature v. Union of India, 2014 SCC OnLine SC 910, decided on 18.11.2014

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