D.Murugesan, J.:-This pro bono publico petition is filed seeking for a direction from this Court to the Government of Tamil Nadu to ban manufacture, distribution and usage of all types of plastic carry bags irrespective of size and thickness and also single use plastic items like disposable cups, plates, sheets below the thickness of 150 microns as well as coloured pots, mugs etc. meant for storing water and food made of recycled and toxic plastic throughout the State of Tamil Nadu. Incidentally, the writ petition seeks to implead the Tamil Nadu Pollution Control Board and the Commissioner, Corporation of Chennai, for effective function of the directions of this Court, if any issued. 2. The petitioner claims that he is the Managing Director of a firm manufacturing scientific instruments used for Research and Development. He is involved in certain projects for the betterment of the society. He is the trustee of Sevaman Trust, which is a non profit trust, providing artificial limbs to physically challenged persons with amputations. He is also the Founder trustee and Mentor of INFORSE-IDL, an advocacy organisation espousing the cause of children, especially under-privileged school going children. He is also the Founder and Convener of PAADAM (People Against Alcohol, Drug Abuse and Merchandise), a people's movement against manufacture, marketing, distribution, advertisement, glamourising of alcohol and abuse of alcohol, whether by the Government or Corporate. 3. The concern of the petitioner is that the plastic products contain petro chemicals and in the course of production, toxic chemicals including dichloromethane, acetone, methylene chloride, methyl ethyl ketone, styrene, toluene and benzene are released. Other major emissions include sulphur oxides, nitrous oxides, methanol, ethylene oxide and volatile organic compounds. The production of a polyethylene terephthalate (PET) bottle produces nearly 100 times the air pollutants than by the production of same quantity of glass bottles. The use of chemicals such as plasticisers, antioxidants, colorants, flame-retardants, heat stabilizers and barrier resins during plastic production causes toxicity of lead, cadmium, mercury and carcinogens. 4. At the time of disposal of plastic wastes, it pollutes the air and burning of plastic products containing chlorine substances releases toxic heavy metals and emits noxious gases like dioxins and furans. These can cause a variety of health problems including damage to the reproductive and immune system, respiratory difficulties and cancer. 5. A single use polythene and plastic products such as carry bags, disposable cups, plates, etc. These can cause a variety of health problems including damage to the reproductive and immune system, respiratory difficulties and cancer. 5. A single use polythene and plastic products such as carry bags, disposable cups, plates, etc. cannot be disposed of easily. Plastic wastes are left behind their way into the soil, the sewage system and the water bodies. While in the soil, the plastic products clog the soil preventing the free flow of water and deplete its fertility. They also clog the sewerage system and drains. Sanitary workers are often made to get into sewer lines and storm water drains to get rid of clogs caused by such products and they either die due to asphyxiation or contract various diseases due to exposure to sewerage. 6. The plastic carry bags with left over food which are dumped in the street bins attract stray cattle, which often die after chewing the bags. Even aqua and marine life and animals in reserve forests and zoos are affected due to littering of plastic items near forests, streams, water bodies and beaches and these have long term consequences like endangering species and affecting the environment irreversibly. The open sites at Perungudi, Kodungaiyur in Chennai and several other sites across the State, are being converted into dumping yards and continuous plastic wastes in dumping yards is being resorted to by the municipal workers and the general public as well creating environmental pollution. The irresponsible use and reckless disposal of plastic products create air, water and land pollution. 7. Though Government is spending huge sums and putting great efforts to contain and eradicate epidemics like Malaria, Filaria, Dengue, Chikungunia, etc., the plastic disposable products clog the storm water drains, float on water bodies and offer excellent opportunity for breeding of mosquito larvae, resulting in vector control programs of the Health Department to become ineffective. 8. Due to rapid increase in the middle class population, the trend of irresponsible use and disposal of single use plastic waste give rise to violation of fundamental rights, human rights and child rights. Everyone is affected in some way or other due to the said trend. The children belonging to poor communities are used to pick up and collect these plastic wastes in the dumping yards so that such plastic wastes are recycled. Such use of the children also increases day by day. 9. Everyone is affected in some way or other due to the said trend. The children belonging to poor communities are used to pick up and collect these plastic wastes in the dumping yards so that such plastic wastes are recycled. Such use of the children also increases day by day. 9. When the attention of devastating situation by use of plastic products was drawn, the Government of India notified 'The Recycled Plastics Manufacture and Usage Rules, 1999' and amended in 2003 in exercise of the powers conferred by clause (viii) of Sub Section (2) of Section 3 read with Section 25 of the Environment (Protection) Act, 1986 (29 of 1986) with the objective to regulate the manufacture and use of recycled plastics, carry bags and containers. As per these rules, the use of recycled plastic bags for storing, carrying, dispensing, or packaging of foodstuffs is prohibited. Further, the manufacture, stocking, distribution or selling of carry bags made of virgin/recycled plastics, which are below 8 x 12 inches in size and 20 microns in thickness, were also banned. However, the said rule has not been given effect to in the State of Tamil Nadu. 10. Though the Government of Tamil Nadu proposed to introduce a Bill in 2002 for the purpose of eradicating the use of plastic products, the same has not been passed as an enactment till now. The Government of India had also recently banned import of Chinese toys, which use heavy metals and toxic chemicals. The Government of Maharashtra, though made an attempt to ban plastic bags in the year 1998, it could not do so, but in the wake of massive flooding in July 2005, the Government has banned the use and sale of all types of plastic bags. The Union Territory of Chandigarh has also banned all types of plastic bags from 2nd October, 2008. The West Bengal Government has banned poly bags upto 40 microns thickness and plastic cups less than 4" in height, with effect from June 2007. The Government of New Delhi has also ordered a complete ban on the use, sale and storage of all kinds and thickness of plastic bags from 7th January 2009. Similar bans were imposed in the State of Orissa. 11. Many European countries like Switzerland, Germany, Holland, Spain, Norway, Italy, Belgium, Australia, Ireland and many Federal Governments in United States have started levying tax on poly bags. Similar bans were imposed in the State of Orissa. 11. Many European countries like Switzerland, Germany, Holland, Spain, Norway, Italy, Belgium, Australia, Ireland and many Federal Governments in United States have started levying tax on poly bags. China, South Africa, Eritrea, Rwanda, Somalia, Zanzibar, Tanzania, Kenya and Uganda have also banned 20-30 micron thick carry bags. 12. However, the State Government, except banning the use of plastic bags in some tourist places like Ooty, have not taken any effective steps to prevent the indiscriminate use of plastics, which necessitated him to approach this Court seeking for intervention. 13. We have heard Mr.A.Narayanan, party-in-person for the petitioner, Mr.J.Raja Kalifulla, learned Government Pleader for the State, Mr.Ramanlal, learned counsel for the Tamil Nadu Pollution Control Board, Mr.L.N.Praghasam, learned counsel for the Commissioner, Corporation of Chennai, Mr.Hidayathulla Khan, learned counsel for the Tamil Nadu Plastic Manufacturers Association and Mr.Satish Parasaran, learned counsel for M/s.Tamil Nadu - Pondy Plastic Manufacturers and Merchant Association. 14. Before we delve upon the relief prayed for in this writ petition, we may refer to the following as to the dumping of wastes, domestic sewage and dumping of plastic materials. 15. Preservation of a friendly environment as to the humanity is utmost important in the present day context, where the people are accustomed to various newly introduced and invented habits. Use of plastic bags is common among the consumers. It has become almost a part and parcel of each and every consumer, while the consumer goes for shopping or to purchase foodstuffs. Polythene is a form of plastic and it is non-biodegradable, which wont rot. The study on the plastic materials shows that it takes 1000 years to decompose in land and 450 years in water. Disposed polythene bags pose a serious environmental threat for a over-crowded city like Chennai, which is already suffering from high level of air pollution and other environmental hazards. Dumping of non-biodegradable wastes like 1)polyethelene carry bags; 2) waste plastic sheets; 3) pet bottles, etc. is certainly one of the major sources of soil pollution. Violation of pollution control laws will lead to the ecological disaster. While the Courts are duty bound to see that the laws relating to pollution should be strictly implemented, it must also keep in mind that when such control becomes more stringent, the impact can be more serious as well. is certainly one of the major sources of soil pollution. Violation of pollution control laws will lead to the ecological disaster. While the Courts are duty bound to see that the laws relating to pollution should be strictly implemented, it must also keep in mind that when such control becomes more stringent, the impact can be more serious as well. For the management of use, manufacture and recycling of plastic bags, etc., there should be a systematic assessment of the impact, otherwise it may lead to a risk of exacerbate problems in other media. 16. The Courts have only limited power to see whether laws enacted to preserve environment are strictly implemented. It cannot direct to legislate a law on that. Nevertheless, the above restrictions on the jurisdiction of the Court do not prevent the Courts from making certain recommendations to the Government for proper legislation, keeping the interest of the humanity as a whole. No nation can have a healthy society if it destroys environment, as the noted ecologist, Babia Diovm Senegalese while he said:- "We shall conserve only what we love, we shall love only what we understand, we shall understand only what we are taught." 17. There cannot be any second opinion that the environment must be preserved and the pollution laws are to be implemented strictly to provide free air, free water and noise free atmosphere to the citizen. The Supreme Court, taking note of the fact that the solid waste management is one of the most obligatory functions of Urban Local Bodies in India and the prevalent of pathetic situation of solid waste management practices in the country and having no solution in sight, had directed a constitution of a committee to submit a report headed by Mr.Asim Barman, Municipal Commissioner, Calcutta Municipal Corporation with seven other members. The report recommended number of measures to be taken including waste generation, composition of wastes, primary collection, street sweeping, transportation of wastes, apart from ban on throwing of wastes on the streets, keeping storage of waste at source, doorstep collection of wastes, abolition of open waste storage sites and other un-hygienic street bins, transportation of wastes and process of disposal of such wastes. 18. The Government through Ministry of Environment and Forests notified on 25.9.2000, The Municipal Solid Wastes (Management and Handling) Rules, 1999. 18. The Government through Ministry of Environment and Forests notified on 25.9.2000, The Municipal Solid Wastes (Management and Handling) Rules, 1999. The Ministry of Environment and Forests, in order to formulate a strategy and action programme for management of plastics waste, brought out a draft Recycled Plastics Manufacture and Usage Rules, 1999. 19.As a follow up action and in terms of the powers conferred by clause (viii) of Sub Section 2 of Section 3 read with Section 25 of the Environment (Protection) Act, 1986, the Central Government notified 'The Plastics Manufacture, Sale and Usage Rules, 1999', which was subsequently amended in 2003. The Rules were notified on 2.9.1999. It will be useful to extract the following provisions in the said Rules for the purpose of deciding the case. "3.Definitions:- In these rules, unless the context otherwise requires, - (a) ... (b) "carry bags" means plastic bags which have a self carrying feature commonly known as vest type bags or any other feature used to carry commodities such as "D" punched bags; as illustrated in the Annexure to these rules; (c) ... (d) "container" means flexible or rigid containers made of virgin plastics or recycled plastics with or without lid used to store, carry or dispense commodities; (e) ... (f) "registration" means registration of units manufacturing carry-bags and containers made of virgin or recycled plastics with the concerned State Pollution Control Board or Pollution Control Committee as the case may be; (g) ... 3.Prescribed Authority:- (a) The prescribed authority for enforcement of the provisions of these rules related to manufacture and recycling shall be the State Pollution Control Boards in respect of States and the Pollution Control Committees in respect of Union Territories; (b) The prescribed authority for enforcement of the provisions of these rules related to the use, collection, segregation, transportation and disposal shall be the District Collector/Deputy Commissioner of the concerned district where no Such Authority has been constituted by the State Government/Union Territory administration under any law regarding non-biodegradable garbage. 4. Restriction on manufacture, sale, distribution and use of virgin and recycled plastic carry bags and recycled plastic containers:- (1) No person shall manufacture, stock, distribute or sell carry bags made of virgin or recycled plastic bags which are less than 8 x 12 inches (20 x 30 cms) in size and which do not conform to the minimum thickness specified in rule 8. (2) No vendor shall use carry bags made of recycled plastic for storing, carrying, dispensing or packaging of foodstuffs. (3) No vendor shall use containers made of recycled plastics for storing, carrying, dispensing or packaging of foodstuffs. Explanation:- For the purposes of this rule, the minimum weight of 50 carry bags made of virgin or recycled plastics shall be 105 gms. plus or minus 5% variation and the carry bags of larger sizes shall be of proportionate increase in weight. 5.Conditions of Manufacture of carry bags and containers, made of plastics:- Subject to the provisions of rule 4, any person may manufacture carry bags or containers made of plastics if the following conditions are satisfied, namely- (a) Carry bags and containers made of virgin plastic shall be in natural shade or white; (b) Carry bags and containers made of recycled plastic and used for purposes other than storing and packaging foodstuffs shall be manufactured using pigments colourants as per IS:9833:1981 entitled "List of pigments and colourants for use in plastics in contact with foodstuffs, pharmaceuticals and drinking water". 6. Recycling:- Recycling of plastics shall be undertaken strictly in accordance with the Bureau of Indian Standards specification: IS 14535: 1998 entitled "The Guidelines for Recycling of Plastics". 7. ... 8. Thickness of Carry bags:- The minimum thickness of carry bags made of virgin plastics or recycled plastics shall not be less than 20 microns. 20.In terms of Rule 3(b), 'carry bags' are classified with two shapes, viz. "vest type", which has a self carrying feature and "D" punched bags, which are used to carry commodities. The Pollution Control Board is the prescribed authority in each State for implementation of the Rules. In terms of Rule 4(1), no person shall either manufacture, distribute or sell carry bags made of virgin or recycled plastic bags which are less than 8 x 12 inches (20 x 30 cms.) in size and which do not conform to the minimum thickness specified in Rule 8, which prescribes that minimum thickness shall not be less than 20 microns. 21. In terms of Rule 10, the unit manufacturing or recycling carry bags, etc., should get a registration certificate from the State Pollution Control Board in the State, if the same situates in the other States. 21. In terms of Rule 10, the unit manufacturing or recycling carry bags, etc., should get a registration certificate from the State Pollution Control Board in the State, if the same situates in the other States. Similarly, after the commencement of the rule, there cannot be a manufacture of carry bags or containers irrespective of its size or weight unless the occupier of the unit has registered the unit with the State Pollution Control Board, if the unit situates in the State and there cannot be any commencement of production without such certificate. That apart, as per sub-rule (3) of Rule 10, the State Pollution Control Board or Pollution Control Committee, as the case may be, shall not issue or renew any registration certificate unless and until the unit meets the norms prescribed under Rules 5, 6, 7 and 8 and also possess a valid consent under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981. 22. Subsequently, in the conference of Ministers of Environment and Forests held during January 2001 at Coimbatore, it was decided to constitute a committee under the chairmanship of the former Chief Justice of Supreme Court of India, Shri.Ranganath Misra, along with 12 other members. The committee deliberated upon number of cities and ultimately recommended the following:- "Recommendations Regulatory measures (i) To prevent indiscriminate use and littering of plastics carry bags of smaller size and thickness, the Ministry of Environment and Forests (MoEF) may consider imposition of restriction on manufacture, storage, sale and use of such plastics carry bags through the Environment (Protection) Act, so that it becomes applicable throughout the country. However, some members did not agree to the recommendations and according to them complete ban on plastics carry bag will not be a desirable step. Instead, restriction may be imposed only on such carry bags with size of and less than 8/12. (ii) The Recycled Plastics Manufacture and Usage Rules, 1999, do not provide for seizure/ confiscation of the illegal material and also no provision for compounding the offence. As prosecution takes inordinately long time, it would be desirable to have seizure, coniscation/ compounding provisions which will have salutary effect. (iii)The concerned agencies at the State leval should be asked to ensure implementation of the guidelines for plastics packaging and packaging wastes. As prosecution takes inordinately long time, it would be desirable to have seizure, coniscation/ compounding provisions which will have salutary effect. (iii)The concerned agencies at the State leval should be asked to ensure implementation of the guidelines for plastics packaging and packaging wastes. (iv) Regulatory measures should be provided for discouraging the public from littering and powers should include compounding and imposing on-the-spot fines. The local statutes should incorporate appropriate provisions to this effect. (v) Import of plastics wastes should be banned and the government may formulate the policy accordingly. Buy Back Scheme (vi) Plastics industry to be made responsible to retrieve empty packaging material and should be asked to have proper disposal system. A scheme for buy back of plastics containers, plastics product including laminated items which was accepted by the representatives of the trade should be evolved by the plastics industry within six months. In case, such a scheme is not formulated by the industry within the stipulated time, the government may impose regulatory measures. (vii) Industry should strengthen the network of related industries. Association for promoting waste management and to organise recyclinga s per BIS norms. (viii)Polyethylene terephthalate (PET) bottles manufacturers Association and bulk users should establish collection centres. The industry should establish requisite collection centres for collection of at lease 90% of bottles in the first phase and implement the scheme within six months failing which a deposit refund scheme @ Re.1.0 per bottle should be imposed. (ix) Besides PET bottles, collection centres and proper recycling facilities should be also established by the concerned industry in consultation with the local bodies within one year. R & D Technologies (x) Support for R & D should be provided for development of non-plastics alternatives as also degradable / biodegradable plastics. (xi) R & D programmes relating to use of plastics waste in various applications like construction of roads etc., should be worked out in collaboration with R & D institutions. Poly Vinyl Chloride (PVC) and Environment (xii) A scientific study should be carried out to assess the environmental implications of using PVC products, vis-a-vis other alternatives. Mass Awareness (xiii)The government should formulate within six months a programme for creating mass awareness to reduce use of plastics at source and to regulate indiscriminate disposal of plastics wastes. (xiv)All plastics must be labelled to disclose their type and additives used and other compounds. Mass Awareness (xiii)The government should formulate within six months a programme for creating mass awareness to reduce use of plastics at source and to regulate indiscriminate disposal of plastics wastes. (xiv)All plastics must be labelled to disclose their type and additives used and other compounds. Where it cannot be printed on the product, the information should be made available through suitable number in the public domain. (xv) Campaigns should be organised to create awareness and to involve community involvement to prevent littering of plastic waste. Awareness programme should, in general, aim at providing consumers with all necessary information (including pros and cons on manufacture and use of plastics), disposal etc. and allowing public for informed choice. (xvi)Local bodies should be geared up to tackle the problem and they should provide proper bins for segregated plastics and there should be mechanised handling system along with compacting to reduce the volume. The local bodies should plan modalities for mobilization of resources is required for such purpose and expenses should be shared by the concerned State authorities and beneficiaries. (xvii)State governments need to implement the guidelines provided by MoEF for solid waste management and government bodies need to work together for streamlining collection segregation and recycling of post consumer plastics wastes. (xviii)The local bodies in association with the industry and citizen groups should ensure that the plastics wastes are segregated and collected separately. (xix) Notwithstanding anything contained in the recommendations of the Committee, State Pollution Control Boards/Committees or the local bodies may frame appropriate schemes to regulate the manufacture, use and disposal of plastic products and materials. However, such a scheme shall not be in derogation of measures suggested in the aforesaid recommendations and Rules thereof. 23. In the case on hand, in answering to the contentions of the petitioner, the State Pollution Control Board has filed a counter-affidavit. From the counter-affidavit, it is seen that pursuant to the rules coming into force, all the plastic manufacturing units were directed to apply for registration and for issue of certificate by the Board. In all, 1732 units have applied for consent and they were given such consent subject to the conditions that they should comply with the specifications stipulated under the Rules. The District Administrations were also directed to take necessary action as per Rule 3(b) against the traders/distributors/dealers, who stock, distribute or sell carry bags not conforming to the specifications. In all, 1732 units have applied for consent and they were given such consent subject to the conditions that they should comply with the specifications stipulated under the Rules. The District Administrations were also directed to take necessary action as per Rule 3(b) against the traders/distributors/dealers, who stock, distribute or sell carry bags not conforming to the specifications. As per the directions of the Tamil Nadu Pollution Control Board, local bodies have passed resolutions and banned use of plastic carry bags at tourist centres, hill stations and important religious places. It is also stated that the Government of Tamil Nadu have forwarded a draft Bill titled as 'Tamilnadu Throwaway Plastic Articles (Prohibition of Sale, Storage, Distribution and Transport) Act, 2003 and the said Bill is yet to be passed as an Act. The Board has not disputed the various averments made as to the impact on use of plastic bags, etc. 24. The State has not filed any counter-affidavit. The counter-affidavit filed by the sixth respondent is mainly on the compliance of the rules. The stand of the sixth respondent, who are manufacturers of plastic products, is that they are manufacturing such plastic products strictly in conformity with the rules. However, Mr.Satish Parasaran, learned counsel would submit that the petitioner cannot seek for a direction from this Court to ban manufacture, sale and usage of all plastic products particularly in respect of plastic bags and containers having 150 microns, as such relief is beyond the scope of the very rule itself. 25. The draft Bill placed before us relates to only throwaway plastic articles. Some relevant provisions stated in the Bill may be useful to be extracted as below:- "3.Definitions:- (a) ... (b) ... (c) "Throwaway plastic article" means an article made of, or containing plastic and is ordinarily used only once and then discarded; ..... 4.(1)No person shall sell, store, distribute or transport any plastic carry bag which is less than 60 micron, throwaway plastic cup, tumber or plate made of, or containing plastic. (2) No person shall post, sell, store, distribute or transport individual magazine or periodical wrapped/packed in plastic wrappers. (3) No person shall sell, store, distribute or transport any flag or bunting made of, or containing plastic. (4).. 5. (2) No person shall post, sell, store, distribute or transport individual magazine or periodical wrapped/packed in plastic wrappers. (3) No person shall sell, store, distribute or transport any flag or bunting made of, or containing plastic. (4).. 5. On and from such date as may be notified by the Government in this behalf, no owner or person in charge of any food establishment shall use or permit the use of any throwaway plastic articles in such food establishment. 6. (1) ... (2) All searches and seizures under sub-section (1) shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973. 7.(1) Whoever contravenes the provisions of section 4 shall be punished with fine which shall not be less than five hundred rupees but which may extend to twenty five thousand rupees. (2) Whoever contravenes the provisions of section 5 shall be punished with fine which shall not be less than five hundred rupees but which may extend to fifty thousand rupees. (3) If the contravention referred in sub-section (1) and (2) of this section continue, the offender shall be punishable with additional fine which may extend to ten thousand rupees for every day during which such contravention continues, after conviction for the first such contravention. ... The above draft Bill has also empowered the Government to give directions to the State Pollution Control Board or the authorised officer to take all necessary or expedient steps for carrying out the purposes of the Act. But, this Bill has not been enacted as an Act till now. 26. In the above scenario, the grievance put forth in this writ petition must be considered. Though the Government of India had brought out 'The Plastics Manufacture, Sale and Usage Rules' with effect from 2.9.1999 empowering the State Pollution Control Board not only to issue registration certificate to the units manufacturing or recycling carry bags, etc., but also to implement the rules, particularly Rules 4 and 8 for our purpose, it is an admitted fact that in Tamil Nadu, except in some places like Ooty, practically the Central rules have not been implemented and had been totally disregarded by the Board. Except some of the averments relating to the inaction of the State to bring up legislation, the Board has not come up with any of its action so far taken in terms of the Central Rules particularly as per Rules 4 and 8. The Board seeks to shirk out its duty and responsibility solely on the ground of want of legislation by the State, which, in our considered view, cannot be accepted as the Board is empowered to act in terms of the Central Rules. Failure on the part of the Board to implement the rules is obvious, as it is common knowledge to anyone who walks along any streets, be it a city or a town or a village, to see not only the plastic paper bags, but also the small tetrapacks, plastic cups, etc. being spread over. The use of plastics contrary to Rule 4 is also common knowledge to everybody in shops and hotels. The damage to the pollution particularly soil pollution and water pollution when dumping of plastics on the soil and air pollution when such plastic bags are burnt, is of greater concern especially when such plastic bags are used to pack foodstuffs since consuming such foods endanger to the health of the consumer. This is because the toxic chemicals that go into making of plastic pollute the food stuffs as well leaving the same unfit for consumption. A scientific study discloses that use of such food can even cause cancer. While plastics are dumped on the streets as well as on the garbage yard, they contaminate the soil not only by damaging its fertility but also by restricting the water to drain. This gives rise to two causes, viz., 1) not only the soil but also the water is contaminated and 2) it prevents the growth of plants and trees as such plants and trees could not absorb water and even if such absorption takes place, in view of the pollution of the water, the trees and plants are affected. In the same way, such plastics are harmful to the animals while they consume the same along with food. When such plastics are burnt, being a non-biodegradable substance composed of toxic chemicals, it pollutes the air as well. Plastic bags are made by polyethylene which is harmful to the environment as it decomposes into gases that can cause harm to the planet. When such plastics are burnt, being a non-biodegradable substance composed of toxic chemicals, it pollutes the air as well. Plastic bags are made by polyethylene which is harmful to the environment as it decomposes into gases that can cause harm to the planet. This is more so when disposable plastic bags are dumped in the yard. Recycling may be somewhat useful to avoid such pollution, but nevertheless the impact on use of plastics on environment and particularly on the health of human being as well as the animals is much more serious. In view of the above undisputed devastation of environment, there can be no excuse for the Board in not implementing the Rules strictly. To this extent, the grievance of the petitioner is justifiable. However, the question is whether this Court could go beyond the rules and direct the Board to take action even in case of use of plastics upto 150 microns. In our opinion, such a direction would amount to legislation, which is impermissible. 27. Coming to the draft Bill of the State Government for enactment of an act known as Tamil Nadu Throw Away Plastic Articles (Prohibition of Sale, Storage, Distribution and Transport) Act 2003, as could be seen from the counter affidavit of the Pollution Control Board, there appears to be some debate on it. Though the Bill was sought to be introduced in the year 2003, it has not been brought as an Act even after a period of six years. That Bill, if enacted, may, to some extent, curtail the use of plastics and could avoid the pollution. 28. We have extensively extracted the relevant provisions of both the Rules of the Central Government and the draft Bill of the State Government. In our opinion, having regard to the serious impact on the use of plastics, the legislation as found in the draft Bill would be insufficient if one concerns with the right of human beings for free air and water, apart from an unpolluted soil to save the plants and trees as well as the animals. The legislature must give serious thought to this aspect for bringing legislation, which would be more stringent in use of the plastics and plastic products. The legislature must give serious thought to this aspect for bringing legislation, which would be more stringent in use of the plastics and plastic products. We are conscious of the fact that though on one hand, the use of plastics results in serious hazard to environment, it is of great assistance to humanity as a whole when such plastic products are used for medical treatments, etc. Moreover, going by the way of life, dispensation of plastic altogether cannot be the answer. A balancing approach must be adopted keeping the reality in mind as to the use and the consequences of such use. These are all some of the areas in which not only the experts but also the consumer must certainly be consulted before any legislation is made to curb the use of plastics. The State Government can also bestow its consideration to the recommendations by the Committee headed by the Hon'ble Mr.Justice Ranganath Misra, Former Chief Justice of India. This Court can take judicial notice of some of the factors viz., number of countries have already started banning the use of plastics in any form and recently, in Australia, use of even PET bottles has been banned. Some of the States in India have also come up with strict action against use of plastics. 29. That being the position, we are in entire agreement with the petitioner, who is the party in person, for implementation of the Rules, but not to the extent of preventing the use of plastic upto 150 microns as put forth in the petition. The Pollution Control Board is directed to implement the Rules in full letter and spirit throughout Tamil Nadu. The Government of Tamil Nadu is also requested to bestow its serious attention to the draft Bill, which is pending from the year 2003 to make it as an Act. We may also add that the Government of Tamil Nadu and the Pollution Control Board should take a massive try by way of propaganda as to the devastation caused to the environment by use of plastic products and also make the people to aware that use of plastic products must be considerably reduced. We may also add that the Government of Tamil Nadu and the Pollution Control Board should take a massive try by way of propaganda as to the devastation caused to the environment by use of plastic products and also make the people to aware that use of plastic products must be considerably reduced. The Government of Tamil Nadu may also, taking into consideration the various steps taken by the other States, should give its serious consideration to ban the use of plastic bags and other plastic materials upto 60 microns as an immediate step. We place on record our appreciation to the petitioner Mr.A.Narayanan, party-in-person, for his present contribution to the common cause of the humanity and able assistance to the Court. With these directions and observations, the writ petition is allowed. No costs.