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Supreme Court of India

M/S HARSH INTERNATIONAL vs UNION OF INDIA on 18 July, 2016

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W.P.(C) No.-000856-000856 - 2013Official PDFBench Kurian Joseph, Rohinton Fali NarimanAdvocates SANJAI KUMAR PATHAK
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

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 JUDGMENT (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. 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).