JUDGMENT : N. Kotiswar Singh, J. 1. Heard learned counsel for the parties. 2. In this PIL, the following reliefs have been sought for. "1. Issue a Writ in the nature of Mandamus directing the Respondents to impose a prohibition on the sale and use of non-biodegradable plastic bags in Tamenglong District Headquarter; 2. Issue a Writ in the nature of Mandamus or certiorari or any other appropriate Writ directing the Respondents to set up Solid Waste Treatment Plant in Tamenglong District Headquarter; 3. Issue a Writ in the nature of Mandamus directing the Respondents to formulate rules and regulations imposing a penalty on the dumping of solid waste in areas and places other than the place specified for the same and to make the dumping of plastic wastes an offence. 4. And further pass any other order (s) direction (s) as Your Lordships may deem fit and proper." 3. In course of the proceedings, all the authorities, who were responsible for complying and executing the aforesaid reliefs, have been impleaded as respondents. The Urban Municipalities authorities and the District Councils have already taken certain steps for satisfying the reliefs claimed in this PIL. This Court had noted on 12.7.2018 of the compliance of the direction issued by this Court on 21.5.2018 in principle by all the Municipalities and the Imphal Municipal Corporation and this Court had also recorded the Notification issued by the Imphal Municipal Corporation on 7.7.2018. The aforesaid order dated 12.7.2018 passed by this Court reads as follows: "Heard Mr. Julius Riamei, learned counsel for the petitioner, Mr. R.K. Nokulsana, learned senior counsel and Mr. S. Rupachandra, learned Add. Advocate General for the respondents. [2] It is reported that the direction issued by the Court on 21.05.2018 has been complied in principle by all the Municipalities and the Imphal Municipal Corporation as well. The notification issued by the Imphal Municipal Corporation reads as follows. "Office of the Imphal Municipal Corporation Notification Imphal, the 7th July, 2018 No. 145/IMC/SWM-2018: In compliance of the Plastic Waste Management Rules, 2016 and the subsequent Notification No. 56/38/99-For.
The notification issued by the Imphal Municipal Corporation reads as follows. "Office of the Imphal Municipal Corporation Notification Imphal, the 7th July, 2018 No. 145/IMC/SWM-2018: In compliance of the Plastic Waste Management Rules, 2016 and the subsequent Notification No. 56/38/99-For. & Envt dated 12.09.2017 issued by the Government of Manipur: Forest and Environment Department, it is hereby notified for information of the general public that a complete ban on use of plastic carry bags made of recycled plastic for storage, carrying, dispensing or packaging ready to eat/ready to drink foodstuffs in all the areas falling under the jurisdiction of the Imphal Municipal Corporation (IMC) is imposed with immediate effect in public interest. The manufacture, import, stocking, distribution, sale and use of carry bags, plastic sheets or like, or cover made of plastic sheet and multi-layered packaging, shall be subject to the following conditions: (1) Carry bags and plastic packaging shall either be in natural shade which is without any added pigments or made using only those pigments and colourants which are in conformity with Indian Standard: IS 9833: 1981 titled as "List of pigments and colourants for use in plastics in contact with foodstuffs, pharmaceuticals and drinking water", as amended from time to time; (2) Carry bags made of virgin or recycled plastic, shall not be less than 50 (fifty) microns in thickness; (3) Plastic sheet or like, which is not an internal part of multi-layered packaging and cover made of plastic sheet used for packaging, wrapping the commodity shall not be less than fifty microns in thickness except where the thickness of such plastic sheets impair the functionality of the product; (4) The manufacturer shall not sell or provide or arrange plastic to be used as raw material to a producer, not having valid registration from the State Pollution Control Board; (5) Sachets using plastic material shall not be used for storing, packaging or selling gutkha, tobacco and pan masala; (6) Recycling of plastic waste shall conform to the Indian Standard: IS 14534:1998 titled as Guidelines for Recycling of Plastics, as amended from time to time; (7) The provisions of thickness shall not be applicable to carry bags made up of compostable plastics. Carry bags made from compostable plastics shall conform to the Indian Standard: 17088:2008 titled as Specifications for Compostable Plastics, as amended from time to time.
Carry bags made from compostable plastics shall conform to the Indian Standard: 17088:2008 titled as Specifications for Compostable Plastics, as amended from time to time. The manufacturers or seller of compostable plastic carry bags shall obtain a certificate from the Central Pollution Control Board before marketing or selling; (8) Plastic material, in any form including Vinyl Acetate - Maleic Acid - Vinyl Chloride Copolymer, shall not be used as any package for packaging gutkha, pan masala and tobacco in all forms; (9) No carry bags shall be made available free of cost by retailers to consumers. All the shopkeepers within the Municipal Area are also to inform the buyers to come with carry bags made of cloth/thick paper and to avoid packing of sold items in non-biodegradable plastic carry bags; (10) The waste generator shall- (a) take steps to minimize generation of plastic waste and segregate plastic waste at source in accordance with the Solid Waste Management Rules, 2016 or as amended from time to time. (b) not litter the plastic waste and ensure segregated storage of waste at source and handover segregated waste to IMC or agencies appointed by IMC or registered waste pickers, registered recyclers or waste collection agencies; (11) All institutional generators of plastic waste, shall segregate and store the waste generated by them in accordance with the Municipal Solid Waste (Management and Handling) Rules, 2016 or amended from time to time and handover segregated wastes to authorized waste processing or disposal facilities or deposition centres either on its own or through the authorized waste collection agency; (12) All waste generators shall pay such user fee or charge as may be specified in the bye-laws of IMC for plastic waste management such as waste collection or operation of the facility thereof, etc.; (13) Every person responsible for organizing an event in open space, which involves service of food stuff in plastic or multi-layered packaging shall segregate and manage the waste generated during such events in accordance with the Municipal Solid Waste (Management and Handling) Rules, 2016 or amendment from time to time. (14) Responsibility of retailers and street vendors- (i) Retailers or street vendors shall not sell or provide commodities to consumer in carry bags or plastic sheets or multi-layered packaging, which are not manufactured and labelled or marked, as prescribed under the Plastic Waste Management Rules, 2016.
(14) Responsibility of retailers and street vendors- (i) Retailers or street vendors shall not sell or provide commodities to consumer in carry bags or plastic sheets or multi-layered packaging, which are not manufactured and labelled or marked, as prescribed under the Plastic Waste Management Rules, 2016. (ii) Every retailer or street vendor selling or providing commodities in plastic carry bags or multi-layered packaging or plastic sheets or like or covers made of plastic sheets which are not manufactured or labelled or marked in accordance with the Plastic Waste Management Rules, 2016 shall be liable to pay such fines as specified under the bye-laws of the IMC. (iii) The shopkeepers and street vendors willing to provide plastic carry bags for dispensing any commodity shall register with the IMC and pay such fees as prescribed under the Plastic Waste Management Rules, 2016 and the bye-laws of the Corporation. Only the registered shopkeepers or street vendors shall be eligible to provide plastic carry bags for dispensing the commodities. The registered shopkeepers shall display at prominent place that plastic carry bags are given on payment. (15) Further, anybody found dealing in or using such polybags/plastic carry bags shall be liable to be punished under Section 15 of the Environment (Protection) Act, 1986 with imprisonment for a term which may extend to 5 (five) years or with fine which may extend to one lakh rupees, or with both and in case the failure or contravention continues, with additional fine which may extend to five thousand rupees for every day during which such failure or contravention after the conviction for the first such failure or contravention. If the failure or contravention referred to in Section 15(1) of the Environment (Protection) Act, 1986 continues beyond a period of one year after the date of conviction, the offender shall be punishable with imprisonment for a term which may extend to 7 (seven) years. Sd/- (Th. Harikumar Singh) Municipal Commissioner, Imphal Municipal Corporation" 3. The learned Addl. Advocate General, produced before us a list of notifications issued by the following municipalities: "List of Municipalities 1. Imphal Municipality 2. Thoubal Municipality 3. Kakching Municipality 4. Kakching Khunou Municipality 5. Mayanglmphal Municipality 6. Nambol Municipality 7. Moirang Municipality 8. Ningthoukhong Municipality 9. Bishnupur Municipality 10. Jiribam Municipality 11. Wangjing Municipality 12. Lilong Thoubal Municipality 13. Yairipok Municipality 14. Kumbi Municipality 15. Wangoi Municipality 16. Kwakta Municipality 17. Shikhong Sekmai Municipality 18.
Imphal Municipality 2. Thoubal Municipality 3. Kakching Municipality 4. Kakching Khunou Municipality 5. Mayanglmphal Municipality 6. Nambol Municipality 7. Moirang Municipality 8. Ningthoukhong Municipality 9. Bishnupur Municipality 10. Jiribam Municipality 11. Wangjing Municipality 12. Lilong Thoubal Municipality 13. Yairipok Municipality 14. Kumbi Municipality 15. Wangoi Municipality 16. Kwakta Municipality 17. Shikhong Sekmai Municipality 18. Sugnu Municipality 19. Lamlai Municipality" 4. In so far as the Hill Districts are concerned, the Autonomous District Councils have not issued such notification in compliance to the order of this Court dated 21.5.2018. The ADCs will comply with the order of this Court and report compliance on or before 27.8.2018. 5. In the meanwhile, it is submitted by the petitioner that the Kangla Fort is also facing threat due to environmental pollution like plastic and other forms of degradable and non-gradable waste. Besides the maintenance requires more personal care with focus on development as a tourist destination. It is also stated that the growth of weeds and scrub jungle has destroyed the natural ecology of the Kangla Fort complex, which can be otherwise developed into a very important tourist spot considering the location of the Kangla Fort complex in the heart of Imphalcity and in a very sylvan environment. This issue, however, has to be considered separately because the maintenance and development of the Kangla Fort complex is a complex issue and has to be addressed independently on various aspects of environment and ecology. Therefore, Registry is directed to place this order on a separate file for listing the matter as a separate PIL called "Kangla Fort Conservation and Development". On the basis of this order, Registry is to number it as a separate PIL and list for consideration separately. The following departments will be respondents for the said PIL and the present and other departments will be added as and when needed. 1. Environment and Ecology Department, Government of Manipur, Imphal. 2. Manipur State Archives, Government of Manipur, Imphal. 3. The Imphal Municipal Corporation, Imphal. [6] List the matter on 27.8.2018." 4. It was also noted in the order of this Court dated 12.7.2018 that as far as the Hill Districts are concerned, the Autonomous District Councils have not yet issued any such notification in compliance of the order of this Court on 21.5.2018 and accordingly, directed the Autonomous District Councils to comply with this Court's order and report compliance on or before 27.8.2018.
5. Today, when this matter was taken up, learned counsel for the various District Councils have furnished the compliance orders issued by the Autonomous District Council, Tamenglong vide order dated 30.7.2018, Autonomous District Council, Ukhrul vide order dated 20.8.2018, Autonomous District Council, Chandel vide order dated 4.8.2018, Autonomous District Council, Churachandpur vide public notice dated 4.8.2018, the Sadar Hills Autonomous District Council, Kangpokpi vide order dated 25.8.2018 and the order dated 8.6.2018 issued by the Autonomous District Council, Senapati. One such notification issued by the Autonomous District Council, Tamenglong on 30.7.2018 reads as follows:- "District Council Administration Autonomous District Council Tamenglong Manipur Order Tamenglong, the 30th July, 2018 In compliance of the order issue by the Honorable High Court of Manipur dated 21.05.2018 PIL No. 11 of 2017, directing the ULBS (Municipalities and Naga Panchayats) in Manipur to take up necessary actions against the violations in order to control rampage use of plastic carry bag in terms of plastic waste management rule 2016. It is hereby order that selling, using carrying polythene bags as well as use of plastic below the thickness of 50 microns within the jurisdiction of Autonomous District Council Tamenglong is banned/prohibited with immediate effect. Under the Act, the Small Town Committee, Tamenglong under Autonomous District Council Tamenglong will penalizing anyone who defies this ban and liable to imposed a fine as per rules. Sd/- (D. Gangmei) Chief Executive Officer, Autonomous District Council, Tamenglong" Other orders issued by the remaining Autonomous District Councils are similar in nature and hence not reproduced. 6. Thus, all the District Councils have issued necessary orders banning production, sale and consumption of plastic/polythene bags below 50 microns within their jurisdiction. This Court has duly taken note of the aforesaid orders which are kept on record. However, the aforesaid District Council/District Authorities are directed to issue further detail orders as had been done by the Imphal Municipal Corporation vide their notification dated 7.7.2018 which has been reproduced above within a period of one month from today. 7. With the above directions, this PIL is closed, however, with liberty to the petitioners to approach this Court again, if appropriate orders are not issued or these orders are not implemented.