M/S HARSH INTERNATIONAL & ANR Vs. UNION OF INDIA & ORS.

Supreme Court of India (Division Bench (DB)- Two Judge)

Writ Petition (Civil), 856 of 2013, Judgment Date: Jul 18, 2016

                                                          NON-REPORTABLE

                        IN THE SUPREME COURT OF INDIA
                         CIVIL ORIGINAL JURISDICTION

                      WRIT PETITION (C) NO. 856 OF 2013


      M/S HARSH INTERNATIONAL & ANR.                    PETITIONERS

                                      VERSUS

      UNION OF INDIA & ORS.                             RESPONDENTS

                                  J U D G M E N T


      KURIAN,J.

      1.    This writ petition is filed with the following prayers:

(i)   Issue a Writ, order or direction in the nature of  mandamus  directing
the respondents that the exemption to carry bags as contained  under  Rule-2
of Plastic Wastes (Management & Handling) Rules, 2011 must be  available  to
the Petitioners also to  manufacture  exclusively  for  export  its  product
filter Khaini in plastic packaging or  read  down  the  provision  contained
under Rules 2 and 5 accordingly; and/or

(ii) Issue  a writ, order or direction in the nature of  mandamus  directing
the respondents not to prohibit the petitioners' 100% export  oriented  unit
located in the Noida Special Economic Zone from  manufacturing  its  product
filter Khaini in plastic packaging meant exclusively for exports purposes.

(iii) Grant such and  other  further  orders  as  may  be  deemed  just  and
necessary in the facts and circumstances of the present case.

                                    - 2 -

2.    W.P.(C) No. 471/2015 on the same issue has been allowed by this  Court
by following the order dated 03.09.2013 of this Court in  W.P. (C)  No.  466
of 2011 titled “Baba Global Ltd. Vs. Union of India” wherein this Court  has
permitted the use of plastic  bags  subject  to  the  undertaking.   We  are
informed that the petitioners have already filed  the  similar  undertaking.
Hence, subject to compliance of undertaking filed by the petitioners,  these
writ petitioners would also  be  exempted  from  operation  of  the  Plastic
Wastes (Management and Handling) Rules,  2011  and  this  Writ  Petition  is
allowed in terms of the order in Baba Global Ltd (Supra).


                                                       ...................J.
                                                        [KURIAN JOSEPH]


                                                   .......................J.
                                                  [ROHINTON FALI NARIMAN]
 NEW DELHI;
 JULY 18, 2016