R.M DHARIWAL 100% EOU Vs. U.O.I & ORS
Supreme Court of India (Division Bench (DB)- Two Judge)
Writ Petition (Civil), 471 of 2015, Judgment Date: Jul 18, 2016
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (C) NO. 471 OF 2015
R.M. DHARIWAL 100% EOU PETITIONER (S)
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 writ of mandamus that the exemption contained under Rule-2 of
Plastic Wastes (Management & Handling) Rules, 2011 must be available to the
Petitioner to export its Pan Masala, Gutkha and tobacco in multilayered
plastic sachet and also in other packages containing plastic.
(ii) Issue writ of Certiorari or any order, writ or direction in the nature
of Certiorari quashing the impugned Rules 5(d) and 5(g) contained in
Plastic Waste (Management & Handling) Rules, 2011 as amended vide
notification dated 02.07.2011; and/or
(iii) Issue a writ of Mandamus or any other appropriate writ, order or
direction declaring Rules 5(d) and 5(g) of the Plastic Wastes (Management &
Handling) Rules, 2011 as being violative of Articles 14, 19(1)(g) of the
Constitution and also ultra vires the provisions of the Environment
(Protection) Act, 1986; and
(iv) Grant such and further orders as may be deemed just and necessary in
the facts and circumstances of the present case and in the interest of
justice.
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2. When the matter was listed before this Court on 13.10.2015, the
following order was passed :
“ Learned Senior Counsel appearing for the Petitioner states that the
facts that obtain in the present Petition are in pari materia with and
materially identical to those which existed in the Writ Petition No. 466 of
2011 titled “Baba Global Ltd. vs.Union of India”. The Petitioner before us
is also a 100% export oriented unit exporting Pan Masala, Gutkha and
Tobacco across the globe. In Baba Global Ltd. by Order dated 03.09.2013
this Court had taken note of sundry undertakings given by the Petitioner
therein, the principal one of which was that no part of the production
would be sold or released in the local market in India. The Petitioner
before us has filed a similar Undertaking and has assured the Court that it
will abide by all the terms of the Undertaking. Baba Global Ltd. was
finally disposed of by Order dated 03.09.2013 inter alia by noting the
statement of the learned Additional Solicitor General that Baba Global Ltd.
would be exempted from operation of the Plastic Wastes (Management and
Handling) Rules 2011 (in short 'the 2011 Rules'). The learned Senior
Counsel for the Petitioner rests his case on that Order seeking parity of
treatment between both the sets of Writ Petitioners.
Learned Senior Counsel appearing for the Respondents submits that
learned Additional solicitor General was not authorised to make the
'Exemption Statement' recorded in the Order dated 03.09.2013 since the
stand is that the Ministry itself is not competent or empowered to grant
any exemption. It is further submitted that for these reasons that a Review
has been filed.
In the course of hearing yesterday as well as today it has been
vehemently contended by the learned Senior Counsel for the Petitioner that
the existence of the Review is not reflected on the record. This contention
seems to be vindicated by the fact that even in the affidavit filed on
behalf of the Union of India particulars of the Review have been withheld.
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Our attention has also been drawn to the Orders passed in the Writ
Petition No. 856 of 2013 entitled M/s. Harsh International vs. Union of
India on 06.12.2013 which reads as follows:
“Shri Radhakrishnan, learned senior counsel
appearing for the respondents again requests
for an adjournment to enable his clients to
file reply affidavit.
The time prayed for is granted.
List the case on 20.01.2014.
In the meanwhile, Petitioner No. 1 shall be
exempted from the operation of the Plastic Wastes
(Management and Handling) Rules,2011”
It is evident therefore that a Writ Petition under Article 32 of the
Constitution filed by Baba Global Ltd. has been finally disposed of by
permitting the 100% export of Pan Masala, Gutkha and Tobacco in
multilayered plastic sachet; and in Harsh International interim orders have
been passed exempting the Writ Petitioner from the operation of the said
2011 Rules.
We think it is imperative to impart parity to all the Writ
Petitioners before us. In these circumstances, we pass orders similar to
those passed in Harsh International namely that during the pendency of the
present proceedings, the Petitioner shall stand exempted from the operation
of the 2011 Rules on the understanding that it shall strictly abide by all
the terms contained in the Undertaking furnished by it in terms of its
Affidavit dated 28th July, 2015.
As prayed for, Counter Affidavit be filed within six weeks from
today. Rejoinder within four weeks' hence.
Tag with W.P.(C) No. 856 of 2013.
List thereafter.”
3. The parties have completed their pleadings.
4. The learned senior counsel appearing for the Union of India (Ministry
of Environment & Forest)submits that the undertaking would not be
sufficient to meet the requirements under law. However, it is pointed out
that on this ground though a review was filed, it was dismissed on
14.01.2016.
5. In that view of the matter, we confirm the order dated 13.10.2015 and
allow the writ petition in terms of the order in Baba Global Ltd. (Supra).
...................J.
[KURIAN JOSEPH]
.......................J.
[ROHINTON FALI NARIMAN]
NEW DELHI;
JULY 18, 2016
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