Kerala High Court
Sudhakaran.K.V vs Central Pollution Control Board on 7 March, 2025
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"C.R."
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR. JUSTICE S.MANU
FRIDAY, THE 7TH DAY OF MARCH 2025 / 16TH PHALGUNA, 1946
WP(C) NO. 16253 OF 2023
PETITIONER:
SUDHAKARAN K.V., AGED 63 YEARS,
NOW RESIDING AT KUNNATHU VALAPPIL HOUSE,
KOLATHUPRAMBIL, OTHUKKUNGAL,
MALAPPURAM., PIN - 676528.
BY ADVS. SRI. P.B.SAHASRANAMAN,
SRI. T.S.HARIKUMAR,
SRI. SANAND RAMAKRISHNAN
RESPONDENTS:
1 CENTRAL POLLUTION CONTROL BOARD,
REPRESENTED BY THE DIVISIONAL HEAD,
COMPOSTABLE DIVISION, PARIVESH BHAVAN,
EAST ARJUN NAGAR, DELHI-110032, PIN - 100032.
2 KERALA POLLUTION CONTROL BOARD,
REPRESENTED BY ITS MEMBER SECRETARY, PATTOM P.O.,
THIRUVANANTHAPURAM., PIN - 695004.
3 STATE OF KERALA,
REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY,
ENVIRONMENTAL DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM., PIN - 695001.
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4 SPROUT PRIVATE LIMITED,
REPRESENTED BY ITS MANAGING DIRECTOR SANTHOSH
PHILIP, PARAMBATTE HOUSE, KAITHPURAM P.O. MANDAPAM,
SREEKANDAPURAM, KANNUR, PIN - 670631.
5 K. PRABHAKARAN, AGED 72 YEARS,
S/O. KUMARAN, RESIDING IN SWASRAYA MANDIR,
MATTANCHERRY, KOCHI- 682 002, SECRETARY,
SWASRAYA, MATTANCHERRY, KOCHI- 682 002.
ADDL. R5 IS IMPLEADED AS PER ORDER DATED 09/07/2024
IN I.A 1/2023 IN WP(C).
6 THE PRINCIPAL SECRETARY,
LOCAL SELF GOVERNMENT DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
ADDL. R6 IS SUO MOTU IMPLEADED AS PER ORDER DATED
21/01/2024 IN WP(C).
R1 BY ADV. SHRI M. AJAY
R2 BY ADV. SHRI T. NAVEEN, SC,
BY SENIOR GOVERNMENT PLEADER SRI. V. TEKCHAND,
R5 BY ADV. SRI. G. HARIHARAN
BY ADVS. SMT.K.S.SMITHA(K/106/2012)
SRI. AMAL DEV D(K/001570/2018)
SMT. T.T.SHANIBA(K/000254/2016)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.03.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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"C.R."
JUDGMENT
Dated this the 7th day of March, 2025.
Nitin Jamdar, C. J.
In this Public Interest Litigation, the Petitioner raises the issue of the
Respondents’ failure to act against manufacturers and others conducting
business without registration under the Plastic Waste Management Rules,
2016. Rule 13 of these Rules requires the registration of producers,
recyclers, and manufacturers engaged in the business of carry bags, recycled
plastic bags, or multilayered packaging. It also mandates action against
manufacturers, retailers, and vendors selling such products in violation of
the Rules.
2. The Petitioner states that several companies manufacture paper cups
labeled as 100% biodegradable, compostable, and recyclable, claiming
approval from the Government of Kerala, without registration. The
Petitioner has joined Respondent No. 4 as one of the violators. Respondent
No. 4 has filed a counter affidavit denying these allegations.
3. We have heard Mr. P. B. Sahasranaman, learned counsel for the
Petitioner, Mr. M. Ajay, learned counsel for the Central Pollution Control
Board, Mr. T. Naveen, learned standing counsel for the Kerala State
Pollution Control Board, Mr. Abhijit, learned counsel representing Mr.
Praveen H., learned counsel for Respondent No. 4, and Mr. V. Tekchand,
learned Senior Government Pleader for the State.
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4. On 4 February 2011, the Government of India framed the Plastic
Waste (Management and Handling) Rules, 2011, under the Environment
Protection Act, 1986. These Rules established a regulatory framework for
managing plastic waste in the country. To enhance their effectiveness, the
Central Government reviewed the existing Rules and, exercising its powers
under Sections 3, 6, and 25 of the Act, introduced the Plastic Waste
Management Rules, 2016, which came into force on 18 March 2016. These
Rules have been amended periodically, with the latest amendment on 14
March 2024. They apply to all waste generators, local bodies, Grama
Panchayats, manufacturers, importers, and producers.
5. Rule 3(o) of the Rules of 2016 defines “plastic” to mean a material
which contains as an essential ingredient a high polymer such as
polyethylene terephthalate, high density polyethylene, Vinyl, low density
polyethylene, polypropylene, polystyrene resins, multi-materials like
acrylonitrile butadiene styrene, polyphenylene oxide, polycarbonate,
Polybutylene terephthalate. “Plastic packaging” is defined under Rule 3(oa)
to mean material made by using plastics for protecting, preserving, storing,
and transporting products in various ways. “Carry bags” are defined under
Rule 3(c) to mean bags covered under Category II of plastic packaging –
Clause (5.1) (II), given in Schedule – II made from plastic material or
compostable plastic or biodegradable plastic, used to carry or dispense
commodities, which have a self-carrying feature but do not include bags that
constitute or form an integral part of the packaging in which goods are
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sealed before use. “Multilayered packaging” is defined under Rule 3(n) to
mean any material used or to be used for packaging and having at least one
layer of plastic as the main ingredient in combination with one or more
layers of materials such as paper, paper board, polymeric materials, or
aluminium foil, either in the form of a laminate or co-extruded structure.
Rule 4 of the Rules of 2016 stipulates that the manufacture, import,
stocking, distribution, sale and use of carry bags, plastic sheets or like, or
cover made of plastic sheets and plastic packaging shall be subjected to
certain conditions stipulated therein.
6. Rule 5 deals with plastic waste management by the local bodies in
their respective jurisdiction. The reference to the local body is by way of
amendment on 30 October 2023. The responsibility of the local body is
under Rule 6. The local body is under responsibility of ensuring that the
provisions of the Rules as amended are adhered to. This stipulation is
inserted by amendment dated 12 August 2021. Rule 6 of the Rules of 2016
states that the local body is responsible for developing infrastructure for
segregation, collection, storage, transportation, processing, and disposal of
plastic waste, either independently or through agencies. Manufacturers,
producers, importers, and brand owners may voluntarily engage with local
bodies under mutually agreed terms. The local body has to set up and
coordinate waste management systems, ensuring compliance with the rules,
environmental protection, and proper channelization of recyclable and non-
recyclable plastic waste. It has to raise awareness, engage civil society, and
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prevent open burning of plastic waste. It has to establish a plastic waste
management system. The local body has to take measures to prevent
stocking, distribution, sale, and use of prohibited single-use plastic items
and include details on waste generation, management infrastructure,
projections, bye-law implementation, and enforcement actions in its annual
report. Under Rule 7 of the Rules of 2016, it is the responsibility of the
Grama Panchayat or Panchayat at the District level, either on its own or by
engaging an agency, to set up, operationalise or co-ordinate waste
management in the rural area. Similarly, responsibility is placed on
producers, importers, brand owners and waste generators for plastic waste
management. Rule 10 has set up protocols for compostable and
biodegradable plastic materials.
7. Marking and labelling is provided under Rule 11. It mandates that
Each plastic packaging shall bear the details in English. Rigid plastic
packaging and multilayer flexible plastic packaging shall, with effect from 1
July 2024, display the name and registration certificate, number of the
producer, importer, or brand owner, as generated through the centralised
online portal. Flexible plastic packaging of a single layer, including plastic
sachets, pouches, plastic sheets, covers, and carry bags, shall also mention its
thickness along with the name and registration number. Plastic sheets,
packaging, and carry bags made of compostable plastic shall, with effect
from 1 January 2025, bear the name, registration number, and certificate
number issued under sub-rule (4)(h). Plastic packaging and carry bags made
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of biodegradable plastic shall bear the name and relevant certification
details. The requirement to display such details shall not apply to plastic
packaging covered under Rule 26 of the Legal Metrology Packaged
Commodities Rules, 2011, or in cases where printing is technically not
feasible, as per the guidelines under the BIS Compulsory Registration
Scheme for Electronic and IT Products. Such cases shall require approval
from the Central Pollution Control Board, and the requisite information
shall be printed on the packaging enclosing individual units of goods or the
individual units of packaging. Each recycled plastic packaging shall bear a
label specifying the percentage of recycled plastic and conform to prescribed
ISO standards. Each compostable plastic packaging shall bear a label
indicating its industrial composability in accordance with prescribed ISO
standards.. Each biodegradable plastic packaging shall specify the number of
days required for degradation and the environment in which it decomposes.
Rule 11, therefore, mandates that the details regarding the name and
registration certificate shall be mentioned in each plastic packaging in
English so that this registration certificate, which is made mandatory, can be
affixed on every plastic packaging. Registration has to be obtained under
Rule 13 of the Rules of 2016. Rule 13 has undergone amendments on 6
July 2022, 30 October 2023, and 14 March 2024. Rule 14 has placed
responsibility on retailers and street vendors not to sell or provide
commodities to consumers in carry bags, plastic sheets or multilayered
packaging. Rule 17 provides for Annual Reports.
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8. Therefore, it is clear that Rule 11 of the Rules of 2016 mandates the
details of registration. This registration is contemplated under Rule 13. For
registration, the registering authority has to examine whether all the
necessary parameters have been met and whether manufacturing such
products is not hazardous to human health and the environment. Therefore,
any product sold without registration under Rule 13 of the Rules of 2016
would not only be illegal but also hazardous to the human health.
Furthermore, Rule 14 prohibits even retailers and street vendors from
selling or providing commodities to the consumer in carry bags and
multilayered packaging, which are not manufactured, labelled, or marked as
prescribed under the Rules. Retailers and street vendors breaching Rule 14
are liable to pay fines. While these stipulations are in the statute book, the
issue is of ground-level implementation.
9. Schedule II to the Rules of 2016 under Rule 9 also deals with the
guidelines on extended producer responsibility for plastic packaging and
commodities made from compostable or biodegradable plastics. The
procedure for registration has been specified therein with detailed
particulars and then the obligations.
10. The role of the Central Pollution Control Board (CPCB) is laid down
in Clause 12 of Schedule II to the Rules of 2016. As regards the role of the
State Pollution Control Board, it is specified under Clause 13 which
includes registration of Producers, Importers & Brand-Owners (operating in
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one or two states) and plastic waste processors. The State Pollution Control
Board has to verify compliance through inspection and periodic audit. The
State Pollution Control Board or Pollution Control Committee has to
establish a mechanism to ensure a regular dialogue between relevant
stakeholders involved in the fulfilment of extended producer responsibility
obligations under the Rules of 2016.
11. The plastic products referred to under Rule 11 of the Rules of 2016
cannot be manufactured by a person who is not registered under Rule 13.
That is why, Rule 14 of the Rules of 2016 has mandated the retailers and
vendors not to use products that do not contain information as provided
under Rule 11.
12. The main grievance of the Petitioner is that the manufacturing of
plastic products, which requires registration under Rule 13 of the Rules of
2016, is rampantly going on without there being any registration. The
Petitioner contends that Rule 10 of the Rules of 2016 determines the
protocols for compostable and biodegradable plastic materials. Determining
the degradability and disintegration of plastic materials has to be done as per
the protocols of the Indian standards.
13. In this Petition, a report was filed on 16 June 2023 by the Kerala
State Pollution Control Board (KSPCB); however, it dealt primarily with
the unit of Respondent No. 4. As regards Respondent No. 4, the
Authorities have not reported any adverse position. There was no detailed
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affidavit on the larger issue. Then, by order dated 22 October 2024, the
Respondent – Board was directed to place on record their stand on the
larger issue raised in this petition.
14. An affidavit is filed by the KSPCB stating how it proposes to take
measures on the subject matter. In the affidavit, the KSPCB has placed a
Government Order dated 21 March 2023 on record. By this Government
Order issued by the Additional Chief Secretary of the Local Self
Government Department, direction is issued to constitute a special
enforcement mechanism (Enforcement Squad), to identify the violations
related to waste management and take legal action. Under these guidelines,
a Squad was prepared to monitor the waste management in the State. The
KSPCB has also stated that the registration of establishment under the Rules
of 2016 plays a significant role in effecting regulation and implementation
of the rules and the Enforcement Squad can ensure that producers do not
engage in banned activities.
15. The Rules of 2016 place responsibility on the Panchayat and local
authorities concerning various aspects of the Rules. The State has already
established an Enforcement Squad for waste management. It was pointed
out that 23 Enforcement Squads are in operation in the State to address the
broader issues regarding waste disposal. We had expressed an opinion that
these Squads can also to bring to the notice of the KSPCB if there is any
breach of the Rules of 2016. KSPCB suggested that Enforcement Squads
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can also conduct district-wise identification.
16. The learned counsel for the CPCB states that the App “SUP-CPCB”
developed by the CPCB provides for lodging complaints. It also monitors
the status of the grievances. The learned counsel also submitted that the
App is user-friendly and has a visual representation of the issues that are
being reported. The learned Senior Government Pleader states that such an
App is also developed by the Traffic Police Authorities in the State. There is
no reason why the SPCB did not develop a similar App under the same lines
as the CPCB. The citizens and Non-Governmental Organisations can be
involved by making it easier to report non-compliance with Rules 11 and
13 of the Rules of 2016 by the SPCB by developing an App as done by the
CPCB. Sensitisation drives will have to be undertaken, and necessary
instructions will have to be issued to the Panchayats.
17. On 10 December 2024, we directed that the Additional Chief
Secretary, Local Self Government Department to examine the suggestions
of the KSPCB in paragraph 7 of its counter affidavit dated 5 December
2024 and issue necessary directions to the Enforcement Squads established
under the Government Order dated 21 March 2023 within three weeks.
The KSPCB was directed to prepare a report on the role of local authorities
and Panchayats under the Rules of 2016 and submit it to the Additional
Chief Secretary, who was to issue appropriate directions to the Panchayats
and local bodies within the same period. The KSPCB and the State of
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Kerala were also directed to explore developing an Application (App)
similar to the Central Pollution Control Board’s SUP-CPCB App to
facilitate public grievance redressal regarding the unauthorised distribution
of plastic products. The KSPCB was called upon to formulate a one-year
plan to sensitise the retailers and vendors by widely publicizing the
requirements of Rules 11 and 13 of the Rules of 2016 and the
consequences under Rule 14. The KSPCB was directed to address
communications to the Additional Chief Secretary within three weeks and
ensure phase-wise implementation.
18. As regards the directions issued to the State to consider the
recommendation of the KSPCB, the learned Senior Government Pleader
has placed before us the circular dated 10 February 2025 issued by the
Local Self Government Department which states that the suggestions of the
KSPCB have been examined, the same was accepted by the State
Government, and directions are issued to the Local Self Government
Departments to assist the KSPCB. The Circular dated 10 February 2025 is
as follows:
“GOVERNMENT OF KERALA
No: WM3/36/2025-LSGD
Local Self Government (WM) Department
Thiruvananthapuram,
Dated:10-02-2025.
CIRCULAR
Sub: Local Self Government Department -Regulation of the
banned SUP(Single Use Plastic) items- Instructions to the
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Enforcement Squad- reg.
Ref: 1) GO (Rt) No.2566/2022/LSGD Date, 22/10/2022.
2) GO (Rt) No.673/2023/LSGD Date, 21/03/2023.
3) Interim Order dated 10-12-2024 of the Hon. High
Court in WP(C)16253/2023 filed by Sri. Sudhakaran
K.V.The Ministry of Environment and Forests and Climate Change
has banned several items of Single Use Plastic in India under the
Plastic Waste Management Rules, 2016 considering the grave
impact of plastic waste upon the environment. Since 2019, the
Environment Department has further expanded this list of
banned items vide Section 5 directions under the Environment
Protection Act, 1986. Vide these orders, namely G.O(Ms)
No.6/2019/Envt. dated 27.11.2019 and G.O(Ms) 7/2019/
Envt. dated 17.12.2019, the State Government Environment
Department has laid down steps to be taken for enforcing the
ban in the State.
As per the Government Order cited 1st, guidelines were issued
for the constitution of Enforcement Squads to detect the
violations of laws in respect of the Waste Management Rules.
Subsequently, as per the Government Order cited 2nd, guidelines
for the functioning of the Enforcement Squad were issued.
G.O(Ms) No. 6/2019/Envt. dated 27.11.2019 also lays down
that the Local Self-Government Secretaries may exercise powers
for enforcement of the ban in accordance with Section 19 of the
Environment Protection Act, 1986. In accordance with this and
powers vested in the Local Self-Governments under the Kerala
Municipality Act, 1994 and the Kerala Panchayath Raj Act,
1994 and subsequent Government orders, the local self-
government officials and the District Enforcement Squads have
been taking action against Single Use Plastic.
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Meanwhile one Sri. Sudhakaran K.V. filed WP(C) 16253/2023
before the Hon’ble High Court, seeking a direction to
implement the Plastic Waste Management Rules, 2016 and to
take strict and stringent action against those manufacturers and
producers who do not have the required registration as
contemplated under Rule 13 of Plastic Waste Management
Rules, 2016. As per the order cited 3rd, Hon’ble High Court
directed that the Local Self Government Departments shall
comply with the suggestions put forth by the Kerala State
Pollution Control Board in it’s affidavit and issue necessary
directions to the Enforcement Squads established under the
Government Order dated 21st March 2023. The suggestions put
forth in the Affidavit of the Pollution Control Board are with
regard to the regulation of the banned SUP items including the
plastic-coated SUP items and compostable commodities by the
stakeholders.
Government have examined the matter in detail and the
following instructions are issued for strict compliance.
a) Local Self Government Institutions(LSGIs) shall assist Kerala
State Pollution Control Board(KSPCB) in identification of
manufacturers and suppliers of banned SUP items.
b) Local Self Government Institutions(LSGIs) shall
independently or jointly with PCB conduct exhaustive
inspection drives at regular intervals in their areas to identify
manufacturers and suppliers of banned SUP items including the
plastic-coated SUP items and compostable commodities.
c) The Enforcement Squads shall conduct District-wise squad
work for identification of major commercial establishments
(Malls/Market place/Shopping Centres/Cinema Locations/
Schools/Colleges/Office Complexes/Hospitals Houses/Tourist
and other institutions) and Stockists/Retailers/Sellers/Importers
and other similar entities which are dealing in bulk in the
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aforementioned single use plastic items and compostable/
biodegradable commodities not certified by the Central
Pollution Control Board(CPCB).
d) The Enforcement Squad shall conduct inspections at
Producer, Manufacturer, Importer, Brand owner (PIMBO),
engaged in plastic packaging including compostable carry bags
and sheets to ensure that units are registered on the Centralised
EPR Portal.
e) The Enforcement Squad shall conduct regular inspection of
entities to ensure that only entities having authorized certificates
from CPCB are involved in the selling of compostable plastics.
f) The Board shall conduct regular interactive sessions, including
convening meetings and organizing workshops with
stakeholders (PIMBOs, PWPs Plastic Waste Processors, Industry
Associations, etc..) in the matter.
ANUPAMA T V
SPECIAL SECRETARY”
It is directed that the Local Self Government Institutions shall
independently or jointly with the Pollution Control Board carry out
inspection drives. Enforcement Squads are also directed to carry out district-
wise squad work and conduct regular inspections. Therefore, directions
have been issued to all the Local Self Government Departments to assist the
KSPCB on identification, manufacture and supply of banned items.
Exhaustive inspection drives are to be conducted through Enforcement
Squads and regular inspections are to be carried out.
19. A report was filed by the Chief Environmental Engineer, KSPCB on
20 January 2025, wherein it is stated that in compliance with the directions
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issued by this Court, the matter regarding developing an App was brought
to the attention of the Secretary, Environment Department, on 31
December 2024. It was also pointed out that the Local Self Government
Departments (LSGD) have a War Room Management Portal for the district
enforcement team which is connected with a single contact number through
which citizens can inform about garbage/waste dumping in public places to
the bodies maintained by the Local Self Government Departments. The
Local Bodies have designated a Nodal Officer and the complaints lodged on
the Portal are investigated for taking necessary action. It was also pointed
out that the one-year plan to sensitise the retailers and vendors by giving
wide publicity to the requirements of Rules 11 and 13 and the
consequences of Rule 14 was submitted to the Special Secretary, LSGD,
vide letter dated 20 January 2025.
20. As regards the formulation of a one-year plan to sensitise the retailers
and vendors by giving wide publicity to the requirements of Rules 11 and
13 of the Rules of 2016 and the consequences of Rule 14, the KSPCB has
stated that the plan was submitted to the Special Secretary, LSGD, on 20
January 2025 for further action, with the one-year plan annexed. The
learned Senior Government Pleader has pointed out that the said plan has
been approved by communication dated 10 February 2025. We take on
record the said communication as a commitment of the State Government
and the Kerala State Pollution Control Board.
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21. Therefore, there is an existing statutory framework, but admittedly,
there are large scale violations. The mislabelling of products by unregistered
entities can have serious consequences for human health and waste disposal,
impacting the maintenance of a clean environment. Strict vigilance is,
therefore, necessary, and the Enforcement Squad, now set up with the aid of
the Local Self Government Departments, can monitor the issue raised by
the Petitioner. The Petition has been monitored over a period of time, and
various directions have been issued, and reports have been filed.
Accordingly, certain directions regarding enforcement mechanism are
necessary. Now, as the State Government has issued a Circular on 10
February 2025 which covers various issues raised, according to us, this
Petition can be disposed of directing implementation of this Circular.
22. In light of the statutory framework, the stand of the Pollution Control
Board and the State Government through affidavits and the Circular of 10
February 2025, we issue the following directions:
(i) The Local Self-Government Institutions in the State of Kerala
will comply with the Circular dated 10 February 2025, issued by
the State and assist the KSPCB in identifying the manufacturers
and suppliers of banned Single Use Plastic (SUP) items, failing
which the State Government will be entitled to take suitable action.
(ii) The Local Self Government Institutions will conduct
inspections, independently or jointly with the KSPCB at regular
intervals to identify the manufacturers and suppliers of banned
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SUP items, including plastic-coated SUP items and compostable
commodities.
(iii) The Enforcement Squads will conduct inspections at the
district-level to identify major commercial establishments,
including malls, marketplaces, shopping centres, cinema houses,
tourist locations, schools, colleges, office complexes, hospitals, and
other institutions, as well as stockists, retailers, sellers, importers,
and similar entities engaged in bulk transactions of single-use
plastic items and compostable or biodegradable commodities not
certified by the CPCB and report the violations to the concerned
Authorities.
(iv) The Enforcement Squads will inspect the producers,
manufacturers, importers, and brand owners engaged in plastic
packaging, including the compostable carry bags and sheets, to
verify their registration on the Centralized Extended Producer
Responsibility (EPR) Portal, and report violations to the concerned
Authorities.
(v) The Enforcement Squads will conduct regular inspections to
ensure that only the entities holding valid CPCB authorization
certificates are engaged in the sale of compostable plastics, and
report violations to the concerned Authorities.
(vi) The Kerala State Pollution Control Board, as part of its plan to
educate retailers and vendors, will conduct meetings with the State
and District Level Associations, office bearers of producers,
recyclers, manufacturers, and Enforcement Squad stakeholders
within one month. District-level meetings with Associations, office
bearers, and Enforcement Squad stakeholders shall be conducted
within two months.
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(vii) As part of its plan, the Kerala State Pollution Control Board
will conduct awareness programs for the retailers and vendors in
co-ordination with the Local Self Government Department,
Suchitwa Mission, the relevant local bodies, and educational
institutions. These activities can include awareness sessions,
exhibitions on plastic alternatives, street plays involving
educational institutions and Non-Governmental Organizations,
media advertisements, short films, recognition of best practices, and
preparation of informational brochures. Similar activities should be
replicated next year.
(viii) The Kerala State Pollution Control Board, in collaboration
with the State Government, will develop a mobile phone
Application similar to the App developed by the Central Pollution
Control Board for reporting violations and other plastic-related
issues. The mobile application will be launched within three
months.
(ix) The Kerala State Pollution Control Board will, in addition to
relying on the violations reported by the Enforcement Squads, take
appropriate action for breaches of the Plastic Waste (Management
and Handling) Rules, 2011, framed under the Environment
Protection Act, 1986, reported through the mobile application.
(x) These directions are in addition to the existing enforcement
mechanisms and activities, and not in substitution of the same.
23. With the above directions, the Petition is disposed of.
24. In case further directions are required regarding the functioning of
the Enforcement Squads or assistance to the Pollution Control Board, we
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leave it open to the KSPCB, the Petitioner, or any public-spirited
person/Non-Governmental Organization with bona fides, to approach this
Court for the same.
Sd/-
NITIN JAMDAR,
CHIEF JUSTICE
Sd/-
S. MANU,
JUDGE
krj/-
//TRUE COPY//
P.A. TO C.J.
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APPENDIX
PETITIONER’S EXHIBITS:-
EXT.P1 THE TRUE PICTURE OF THE PLASTIC-COATED PAPER CUP, SOLD BY THE 4TH
RESPONDENT.
EXT.P2 TRUE COPY OF THE G.O.(RT)NO.129/2019/ ENVT. DATED 31-12-2019 ISSUED BY
THE 2ND RESPONDENT.
EXT.P3 TRUE PHOTOGRAPH OF THE PAPER CUP WITH AN ENDORSEMENT STATING THE
REGISTRATION WITH THE 1ST RESPONDENT.
EXT.P4 TRUE COPY OF THE SAID STANDARD OPERATING PROCEDURE (SOP) FOR
ISSUING CERTIFICATE TO MANUFACTURERS/SELLERS OF COMPOSTABLE
PLASTIC CARRY BAGS AND COMMODITIES, AUGUST, 2022 BY THE 1ST
RESPONDENT.
EXT.P5 TRUE COPY OF THE DIRECTION ISSUED BY THE 1ST RESPONDENT UNDER SEC.5
OF THE ENVIRONMENT (PROTECTION) ACT, 1986, ON 07-02-2023.
EXT.P6 TRUE COPY OF THE NEWS REPORT APPEARED IN THE TIMES OF INDIA, DATED
20-04-2023.
EXT.P7 TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER TO THE 1ST
RESPONDENT, DATED 04-05-2023.
RESPONDENTS’ ANNEXURES/EXHIBITS:-
EXT. R1(A) THE TRUE COPY OF THE NOTIFICATION DATED AUGUST 12, 2021.
EXT. R1(B) THE TRUE COPY OF THE NOTIFICATION DATED JULY 06, 2021.
EXT. R1(C) THE TRUE COPY OF THE CERTIFICATE FOR THE MANUFACTURING OF
COMPOSTABLE PLASTIC COMMODITIES ENCLOSED.
EXT.R2(A) TRUE COPY OF THE CERTIFICATE NO. CPCB-UPC-II/SPROUT PRIVATE
LIMITED/KERALA/414 DATED 19-07-2023.
EXT.R2(B) TRUE COPY OF THE INTEGRATED CONSENT TO OPERATE NO.KSPCB/KN/ICO/
10033370/2023 DATED 30.11.2023 ISSUED BY THE BOARD TO THE 4 TH
RESPONDENT UNIT.
EXT.R2(C) SCREEN SHOT OF THE DETAILS OF THE CERTIFIED MANUFACTURERS AND
SELLERS OF COMPOSTABLE CARRY BAGS, AS PER THE CPCB LIST DATED
14/09/2023.
WP(C). 16253/2023 -:22:-
2025:KER:19345
EXT.R2(D) TRUE COPY OF THE INSPECTION REPORT OF THE PAPER CUP MANUFACTURING
UNIT IN VARIOUS DISTRICTS.
ANNEX.- R2(A) TRUE COPY OF THE CIRCULAR NO. PCB/TA/115/97(A) DATED 25-8-2020 ISSUED
BY THE POLLUTION CONTROL BOARD.
ANNEX.- R2(B) TRUE COPY OF THE CERTIFICATE OF REGISTRATION NO.
PCB/KNR/WHITE/7/2018 DATED 29-1-2018 WITH VALIDITY UPTO 31-12-2032,
ISSUED BY THE POLLUTION CONTROL BOARD.
ANNEX.- R2(C) TRUE COPY OF THE REPORT NO. NIIST-ETD/PCB/BIO-DEG/SPROUT-01 DATED
29-6-2020, ISSUED BY THE POLLUTION CONTROL BOARD.
ANNEX.- R2(D) TRUE COPY OF THE ORDER, G.O.(RT) NO. 12/2021/ENVT. DATED 28-1-2021
ISSUED BY THE GOVERNMENT.
ANNEX.- R2(E) TRUE COPY OF THE REPORT NO. CIPET:IPT-KOCHI/TESTING/ 2020-21/054
DATED 14-5-2020 ISSUED BY THE INSTITUTE OF PLASTICS TECHNOLOGY
ADDRESSED TO THE MEMBER SECRETARY, KSPCB.
EXT. R4(A) A TRUE COPY OF THE ORDER DATED 31/12/2019 AS GO (RT) NO.
129/2019/ENVT.
EXT. R4(B) A TRUE COPY OF THE JUDGMENT DATED 09/06/2020 PASSED IN WP (C) NO.
11145/2020.
EXT. R4(C) A TRUE COPY OF THE REPORT DATED 29/06/2020 ISSUED BY THE NATIONAL
INSTITUTE FOR INTERDISCIPLINARY SCIENCE AND TECHNOLOGY.
EXT. R4(D) A TRUE COPY OF THE INVOICE DATED 28/05/2020, EVIDENCING PAYMENT OF
RS. 3,22,258/- BY THE 4TH RESPONDENT.
EXT. R4(E) A TRUE COPY OF THE ORDER DATED 28/01/2021 HAVING GO (RT) NO.
12/2021/ENVT.
EXT. R4(F) TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT.) NO.2566/2022/LSGD DATED
22-10-2022, ALONG WITH THE ENGLISH TRANSLATION ISSUED BY THE
GOVERNMENT.
EXT. R4(G) A TRUE COPY OF GOVERNMENT ORDER, G.O(RT) NO673/2023/LSGD DATED 21-
03-2023 ALONG WITH THE ENGLISH TRANSLATION, ISSUED BY THE
GOVERNMENT.
EXT. R4(H) A TRUE COPY OF THE STATEMENT FILED BY THE GOVERNMENT PLEADER IN WP
NO. 16028/2021, ALONG WITH THE ANNEXURE REFERRED TO THEREIN.
EXT. R4(I) A TRUE COPY OF THE INTERIM REPORT NO. 22535 DATED 27/03/2023 ISSUED
BY CIPET.
WP(C). 16253/2023 -:23:-
2025:KER:19345
EXT. R4(J) A TRUE COPY OF THE INVOICE EVIDENCING PAYMENT OF ₹4,42,500/- TO THE
CIPET.
EXT. R4(K) A TRUE COPY OF THE CERTIFICATE DATED 19/07/2023 ISSUED BY THE 2ND
RESPONDENT.
ANNEX.- R2(A) TRUE COPY OF THE LETTER NO. KSPCB/596/2023-EE-3 DATED 3-12-2024 SENT
BY THE POLLUTION CONTROL BOARD TO THE SPECIAL SECRETARY TO
GOVERNMENT, LSG DEPARTMENT.
ANNEX.- R2(B) TRUE COPY OF THE LETTER NO. KSPCB/596/2023-EE-3 DATED 31-12-2024 SENT
BY THE POLLUTION CONTROL BOARD TO THE SECRETARY TO GOVERNMENT,
ENVIRONMENT DEPARTMENT.
ANNEX.- R2(C) TRUE COPY OF THE LETTER NO. KSPCB/596/2023-EE-3 DATED 20-1-2025 SENT
BY THE POLLUTION CONTROL BOARD TO THE SPECIAL SECRETARY TO
GOVERNMENT, LSG DEPARTMENT.
//TRUE COPY//
P.A. TO C.J.