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The Madhya Pradesh High Court has ordered a total ban in palatine bags. A bench headed by Chief Justice Hemant Gupta and Justice Vijay Kumar Shukla held dismissed the writ petition contending the ban of plastics vide Madhya Pradesh JaivAnaashyaApashishta (Niyantran) SanshodhanAdhiniyam, 2017, stating that it is repugnant to the central rules that permit the use of recycled plastics less than 50 micron in thickness. The bench also rejected the contention that the soad amendment is beyond the legislative competence of the state government in view of Rules 4 © and (d) of the Plastic awards Management Rules 2016.
The bench held that the said amendment is not in contravention to the rules rather strengthens the central legislation. The central law states explicitly that the manufacturer needs to obtain permission to manufacture plastic bags while the state law does not permit the use, sale, storage of plastics in any manner. While the central act is the chief act enhancing regulation, the state act serves as a check and is aimed at achieving larger public good. The court held that a balance must be essentially struck between the two, that is business and environment. Only then can the gnawing issues of pollution and choking if the environment around, can be realised.
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