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Plastic ban case full order Review Application No.89 of 2019   S.VAIDYANATHAN,J. AND P.T.ASHA,J. In our order dated 29.08.2022, the following directions were issued: “8(a) In this regard, the Bar Council and Bar Associations shall take steps to spread this message to the aforesaid persons. Thereafter, steps shall be taken to declare the precincts of the Principal Seat of the Madras High Court and Madurai Bench of this Court as a plastic-free zone.

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Review Application No.89 of 2019

 

S.VAIDYANATHAN,J.

AND

P.T.ASHA,J.

In our order dated 29.08.2022, the following directions were issued:

“8(a) In this regard, the Bar Council and Bar Associations shall take steps to spread this message to the aforesaid persons. Thereafter, steps shall be taken to declare the precincts of the Principal Seat of the Madras High Court and Madurai Bench of this Court as a plastic-free zone.

(b) The endeavor of the Government to ban plastics would be possible only if every single Village in the State carry out the periodic directions issued by the Government, which means that all the local bodies, Municipalities, District Collectors, etc should collectively implement the directions of the Government in this regard. A direction is therefore issued to all the aforesaid Officials to implement in letter and spirit, the directions that the Government would periodically issue to achieve a plastic-free Society.

(c) Directions to be issued by the Government periodically with regard to ban of plastics and substitution of alternatives to plastics, shall be widely published both in Tamil and English Dailies.”

 

2. The matter was directed to be listed today. Today, a Status Report dated 20.10.2022 is filed by the 3rd Respondent/Tamil Nadu Pollution Control Board together with Annexures and a Directory giving the list of Manufacturers and Suppliers of Eco-alternative Materials for Single Use Plastics (hereinafter referred to for the sake of brevity as ‘SUP’) in Tamilnadu.

3. In the Status Report, the 3rd Respondent would submit that, intensive steps have been initiated for bringing awareness of SUP amongst the general public in the form of meetings, awareness campaigns in Schools, Colleges, Traders Association, Merchants Association, local bodies, etc. The Report would also highlight that, the 3rd Respondent has initiated a campaign styled as “Meendum Manchapai” aimed at eliminating SUP carry bags. It is also submitted that the Government in co-ordination with the Chennai Metropolitan Development Authority (CMDA), Greater Chennai Corporation and the 3rd Respondent/Tamilnadu Pollution Control Board (TNPCB) has proposed to make the Koyambedu Market Complex a plastic free zone. To achieve this, the following measures have been proposed.

 

(a) SUP would be banned in the entire Market complex

(b) Eco-friendly alternative materials would be made available in the complex

(c) Provision of Manjappai Vending machines

(d) Provision of plastic bottles Reverse Vending Machines

(e) In-house Material Recovery facilities to be provided for collection and sorting of recyclable wastes

 

4. The Report also indicates the measures taken in the form of raids being conducted upon Shops/Units using SUP in various Zones within the Greater Chennai Corporation and also in Kolathur – Zone VI.

5. In keeping with the earlier directions, the Central Pollution Control Board has informed all the States vide its leter dated 12.10.2022 to carry out intensive activities during the months of October – December 2022 with focus being on street vendors, flower sellers, local market, checks at borders, inspection of concerned industries, etc to ensure enforcement of the SUP ban. The 3rd Respondent, in compliance with the above directions, has requested the Greater Chennai Corporation, Commissionerate of Municipal Administration and Directorate of Town Panchayats to ensure the implementation of the above directions.

 

6. This Court places on record its appreciation to the efforts taken by the 3rd Respondent to come out with a Directory of Manufacturers and Suppliers of Eco-alternative Materials for Single Use Plastics in Tamilnadu. A perusal of the said Directory not only shows various eco-friendly alternative materials in lieu of Single Use Plastics, but also gives details of the Manufacturers/Retailers in each District of TamilNadu.

7. We are also also happy to note that this Directory is a first of its kind in the entire country and persons who have conceptualized the above, deserve accolades. This Directory would not only help the Retailers, but would also help the domestic purchasers, since we are informed the Directory is available online.

8. On the last hearing, we have given instructions to the Bar Council and the Bar Associations to ensure that the High Court should march forward towards an eco-friendly and a Plastic Free Zone. However, it has been brought to our notice on the very same day, the Bar Council has held its Enrolment Ceremony at the Auditorium within the precincts of the High Court. The entire place after the Enrolment Ceremony was turned into a litter zone. SUP, garlands, papers, etc. were strewn not only before the Auditorium, but around the entire campus. This is a very serious matter which requires attention. The Enrolment ceremony is now turning into a festivity, thereby losing the solemnity and dignity associated to the noble profession. These functions are attended not only by the candidates, but also by their family members, relatives and friends, which contributes to not only over-crowding of the place, but also littering the area.

9. The Bar Council should therefore submit a Report as to how they would ensure that, the Enrolment Ceremony is conducted with only the candidates, without the presence of the family members/relatives and friends not only at the place where the enrolment takes, but nowhere near the premises of the Courts and its surroundings. The Bar Council shall also ensure that, candidates alone should attend the function without obstructing the free movement inside and outside the court premises as well as the public road. The Bar Council shall provide the Court with the Rules that they propose to have for the smooth conduct of the ceremony before or at the next hearing. The Bar Council shall ensure strict compliance of the Rules that they propose to introduce with reference to the Enrolment Ceremony.

10. List this matter for further hearing on 01.11.2022 at 2.15 p.m.

11. Since this Court is working towards achieving a plastic-free zone within the High Court premises and City Civil Court premises, on the next hearing date, the Standing Counsel appearing for the Tamil Nadu Electricity Board as also any one Office Bearer of various Associations, viz. Madras Bar Association, Madras High Court Advocates’ Association, Law Association, Women Lawyers’ Association shall appear before the Court.

12. Registry shall issue necessary notice to the Secretaries of Madras Bar Association, Madras High Court Advocates’ Association, Law Association, Women Lawyers’ Association, as regards appearance of any one of their Office Bearers before this Court on the next hearing date.

(S.V.N.,J.) (P.T.A.,J.)

20.10.2022

Index : Yes/No

Speaking Order : Yes/No

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