IN THE NATIONAL GREEN TRIBUNAL
SOUTHERN BENCH, AT CHENNAI
ORIGINAL APPLICATION NO. OF 2019
IN THE MATTER OF:
W. Edwin Willson Applicant
Versus
Union of India & Ors. Respondents
S. No. Particulars Pg No.
1. Synopsis
2. List of Dates
3. OA No. of 2019 titled W. Edwin Willson vs
Union of India & Ors. alongwith Affidavit.
4. ANNEXURE A/1 – Scientific paper titled
“Chemical flexi not-so-fantastic: a review on how
the versatile material harms the environment and
human health”, of2016 published in the International
Journal of Science Research and Technology (IJSR).
5. ANNEXURE A/2 – Scientific study, titled
“Effective utilization of used vinyl flex banners– a
solid waste management perspective” of
2015published in the International Journal of
Applied Engineering Research (IJAER).
6. ANNEXURE A/3 - Order dated 16.11.2017 of
National Green Tribunal passed in Almitra H. Patil
vs. Union of India & Ors. (O.A. 199 of 2014).
7. ANNEXURE A/4 - Order dated 22.12.2016 of
National Green Tribunal passed in Ravikiran Singh
v. Union of India & Ors. (O.A. 676 of 2016).
8. ANNEXURE A/5 - Notification dated 27.09.2017
issued by State of Chhattisgarh banning plastic flexes
among others.
9. ANNEXURE A/6 - Notification dated 04.05.2016 of
Bruhat Bengaluru Mahanagar Palike banning flexes
among others.
10. ANNEXURE A/7 - Circular dated 20.08.2018 of
Bruhat Bengaluru Mahanagar Palike for removal of
plastic made flexes.
11. ANNEXURE A/8 - Order of High Court of Kerala
dated 27.07.2018 passed in St Stephens Malankara
Catholic Church v State of Kerala &Ors.
12. ANNEXURE A/9 - Letter of Kerala State Pollution
Control Board issued on 14.07.2015 with regard to
substituting PVC based flex boards with other
alternatives.
13. ANNEXURE A/10 – News article dated 28.05.2018
by Sakal Times reporting about the absence of ban
on plastic flexes in the final notification.
14. ANNEXURE A/11 - News article dated 10.07.2017
reporting the Draft notification proposing ban on
PVC and chlorinated plastics in state of Telangana.
15. ANNEXURE A/12 - Notification dated 25.06.2018
of State of Tamil Nadu imposing ban on plastic flags
among others.
16. ANNEXURE A/13 - News article dated 22.01.2019
by Viswa Mohan, titled "Avoid single-use plastic for
poll preparations; States told" published in the Times
of India.
17. ANNEXURE A/14 - Copy of the representation sent
by the applicant to MOEF&CC on 29.01.2019.
18. Vakalatnama
DATE:
PLACE:
DRAWN AND FILED
BY:
Sanjay Upadhyay, Upama Bhattacharjee,
& Saumitra Jaiswal, Sai Sathyajith
Advocates for the Applicant
29, Presidential Estate
Nizamuddin East, New Delhi 110013
+919717227490
SYNOPSIS
The present Application raises substantial question of environment in view of
the fact that the Applicant wishes to raise the issue pertaining to the generation
of plastic wasteswhich are produced inabundance due tothe manufacture,
supply sale and use/consumption of single use plastics such as
Banners/Flexes/Signages and the likes, which are used for the purpose of
advertising and campaigning and are made of Polyvinyl Chloride (hereinafter
referred as PVC), which is a hazardous substance and same are being discarded
in an unscientific manner and in complete violation of applicable laws in force,
thereby causing tremendous harm to the environment which among others
include loss of aquatic ecosystem, death of domestic animals, contamination of
soil and ground water, blockage of gutters, sewers and drains, accumulation of
waste in landfills, open air burning, leaching of chemicals which are then
transferred to wildlife and humans causing diseases etc. The immediate threat
and danger to the environment is likely to increase many folds due to the
upcoming general and state elections which are soon to be announced where
use of such one time use of PVC banners increases to huge proportions and in
fact to the extent that in the election phase it consumes as it consumed in the
entire year.
It is pertinent to add that the PVC Products (with emphasis on PVC
Hoardings/Banners/Flexes) have not been regulated by most of the States
despite it being environmentally hazardous in nature. Hence immediate
stringent actions against such products is needed to resist further environmental
degradation by way of issuing Section 5 EPA directions to all States and UTs
to ban use of such unsustainable PVC hoardings, banners and flexes till all State
Governments come up with an Action Plan for assuring that no products which
are made of PVC is used for campaigning purposes during the upcoming
General Elections and some state elections.
Hence the urgency and the Application.
LIST OF DATES AND EVENTS
08.01.2010 Notification issued by the State of Kerala provides that
PVC installations and boards have virtually found to be
illegal and impermissible.
14.07.2015 Kerala State Pollution Control Board has issued letter to
Principal Secretary, Environment Department, providing
opinion for substituting the use of PVC based flex boards
with other eco-friendly materials such as cotton or
polyethylene.
27.10.2015 GO issued by State of Kerala which clearly indicates that
though the state had taken measures to ban the use of flex
boards it was not effective. The order further states that an
alternative to flex of PVC printing, polyethylene material
can be used which is not toxic and is degradable.
08.03.2016 Plastic Waste Management Rules, 2016 enacted which
provides for proper management, handling, storage,
segregation, collection, transportation, processing and
disposalof such PVC based advertising products, which
are mostly discarded after a single-use without following
the mandates of the law.
11.03.2016 State of Karnataka imposed ban on use of Plastic Flexes,
banners, buntings and flags for all purposes which was
issued in pursuance to a draft notification dated
28.10.2015
04.04.2016 The Hazardous and Other Wastes (Management and
Transboundary Movement) Rules, 2016plastic wastes
which are produced in an industrial unit at the stage of
production either as spent catalyst or process residue are
recognized as hazardous waste and therefore are required
to be handled as per the provisions.
08.04.2016 Solid Waste Management Rules 2016 which supersedes
Municipal Solid Wastes (Management and Handling)
Rules 2000 has a widedefinition of municipal solid waste
under the Rules to include PVC hoardings, banners and
flexes.
Plastic Waste Rules 2016 also has an organic linkage with
the Solid Waste Management Rules 2016
04.05.2016 BruhatBengaluru MahanagarPalike, (hereinafter referred
as BBMP) which is the Municipal body of city
ofBangalore has imposed ban on manufacture, supply,
sale & use of plastic carry bags, plastic banners, plastic
buntings, flex, plastic flags, plastic cups, spoons etc.
20.09.2016 CPCB in its affidavit filed in Almitra H. Patil Vs. Union
of India &Ors. (O.A. 199 of 2014) in which it had
concurred with the suggestions of the applicant therein
particularly with respect to the ban of short life plastic.
18.10.2016 MoEF&CC in its affidavit filed Almitra H. Patil Vs.
Union of India &Ors. (O.A. 199 of 2014)had submitted
that as far as PVC and Chlorinated Plastics are concerned
the Ministry is open to such consideration but only after
necessary examination of the issue by formation of group
of experts.
22.12.2016 Almitra H. Patil Vs. Union of India &Ors. (O.A. 199 of
2014), this Hon’ble Tribunal has already passed specific
direction to the Ministry of Environment, Forest and
Climate Change (hereinafter referred as MoEF&CC) for
considering ban on short life PVC and chlorinated
plastics.
22.12.2016 Ravikiran Singh v. Union of India &Ors. (OA 676 of
2016) wherein the Applicant had raised the specific
question regarding regulation of usage of PVC in
hoardings / banners. This Hon’ble Tribunal 2016 had
granted liberty to the said Applicant to approach the
MoEF&CC for dealing with the subject matter in view of
the Almitra judgment
13.01.2017 The Hon’ble Tribunal vide its judgment while considering
the issue of challenge to the validity of the Notification
issued by the Government of Karnataka dated 11.3.2016
held that it is for the State Government to consider
whether flex can be exempted in the event of the
appellant-Association in Appeal No.125 of 2016 giving
categoric assurance by way of affidavit to the
Government that all the used flex materials which are
tradedin the State of Karnataka bythe members of the
appellant-Association will be recycled and based on the
appellant’sassurance thatno flex will be left uncollected
and thrown out after use. This Hon’ble Tribunal also
directed that while considering the same, the State
Government may also take note asto whether the States
wherein plastics are banned, have banned the flex also.
Till such orders that may be passed by the Government of
Karnataka, flex materials were also directed to be covered
by this Tribunal’s above judgment.
10.07.2017 News article which reports that a Draft notification has
been issued by the State of Telangana proposing to
impose a ban on short life PVC and Chlorinated plastics
in the State in compliance of the order of NGT dated
22.12.2016 passed in Original Application No.199 of
2014.
27.09.2017 Department of Housing and Environment, Government
of Chhattisgarh has already extended the ban on
manufacturing, storing, importing, selling, transporting
and use of plastic carry bags (which was vide notification
dated 24.12.2014) to short-life PVC and Chlorinated
plasticsin compliance of the directions passed in judgment
dated 22.12.2016 of this Hon’ble Tribunal passed in
Almitra H. Patil Vs. Union of India &Ors. (O.A. 199 of
2014).
16.11.2017 While hearing the Review Petition no. 22/2018 filed in the
caseAlmitra H. Patil Vs. Union of India &Ors. (O.A. 199
of 2014)has noted under its order that six months period
was given to MoEF&CC for compliance of the directions
with regard to ban on PVC and chlorinated plastics. The
Hon’ble Tribunal observed that even though a year has
gone by, but the compliance in this regard has not been
made by the Ministry.
Accordingly, the Ministry was given two more months for
compliance of the same. The order also provided that in
the event of default, the officer shall be liable to be
proceeded against personally.
28.05.2018 News article by Sakal Times stated that even the State of
Maharashtra before issuing the Notification dated
23.03.2018 titled - Maharashtra Plastic and Thermocol
Products (Manufacture, Usage, Sale, Transport, Handling
and Storage) Notification, 2018 had recognizedPlastic
Banners as one of the items which were proposed to be
banned under the Notificationunder a Draft notification
issued on 02.01.2018.
25.06.2018 State of Tamil Nadu has also imposed ban on various
plastic products including plastic flags but it does not
extends such embargo on Plastic banners or the likes.
27.07.2018 Hon’ble High Court of Kerala while referring to a
Notification dated 08.01.2010 observed categorically the
perilous and nocent effects of such hoardings with respect
to the angle of pollution and reminded the authorities with
regard to the duties vested in them to ensure that the
nationally and internationally accepted norms for fighting
pollution is adopted.
The Hon’ble High Court further voiced concern on the
allowing such advertisement boards whose material are
not biodegradable and which emanate toxicity when they
burn.
20.08.2018 BBMP has recently imposed blanked ban on all outdoor
advertisements exempting those which are displayed on
Public-Private Partnership Projects like Public Toilets,
Bus Shelter and Sky Walks. However, even for these
projects, the use of Flexes which are made of plasticare
not allowed and has been ordered to be removed along
with other illegal hoardings.
22.01.2019 News articleby Viswa Mohan, titled "Avoid single-use
plastic for poll preparations; states told" under which it
has been reported that the MoEF&CC has issued a letter
on 17th January, 2019 marked for all States and the Chief
electoral Officers, requesting to desist from single-use
plastic election material and to use sustainable material
during the campaign
The letter echoes the same concerns raised by the
Applicant herein under this application.
Article further reports that another letter which was a
follow-up of the above mentioned letter was issued on
21.01.2019 to all States providing guidelines suggesting
prohibitive actions which would help towards meeting the
nation's commitment of completely eliminating single-use
plastic by 2022. It is also reported that the letter provides
emphasis on completely banning single-use plastic
products in all government offices and PSUs to begin
with, while simultaneously discouraging use of other
plastic products in those offices. It is also provided that
the guidelines should also pitch for exploring eco-friendly
alternatives.
29.01.2019 Applicant had submitted a written representation to the
MoEF&CC in compliance of the directions given by this
Hon’ble Tribunal in the case titled Shivpal Bhagat &Ors.
v Union of India &Ors. Original Application No. 104 of
2018 (M.A. No. 279 of 2018 & M.A. No. 858 of 2018)
vide Order dated 19.07.2018.
Applicant through the representation made to the
MoEF&CC has raised various issues pertaining to the
adverse environmental impacts of use of PVC hoardings
and had prayed before the Ministry that appropriate
direction be issued to all States imposing ban on all PVC
based Banner/Flexes/Signages or like to be used for all
purposes. It was also prayed and suggested by the
Applicant herein that the Ministry should develop an
action plan for executing the ban on all such products for
its use alongwith recognizing and promoting the
alternatives available in this regard.