IN THE NATIONAL GREEN TRIBUNAL

SOUTHERN BENCH, AT CHENNAI

ORIGINAL APPLICATION NO. OF 2019

IN THE MATTER OF:

W. Edwin Willson Applicant

Versus

Union of India & Ors. Respondents

S. No. Particulars Pg No.

1. Synopsis

2. List of Dates

3. OA No. of 2019 titled W. Edwin Willson vs

Union of India & Ors. alongwith Affidavit.

4. ANNEXURE A/1 – Scientific paper titled

“Chemical flexi not-so-fantastic: a review on how

the versatile material harms the environment and

human health”, of2016 published in the International

Journal of Science Research and Technology (IJSR).

5. ANNEXURE A/2 – Scientific study, titled

“Effective utilization of used vinyl flex banners– a

solid waste management perspective” of

2015published in the International Journal of

Applied Engineering Research (IJAER).

6. ANNEXURE A/3 - Order dated 16.11.2017 of

National Green Tribunal passed in Almitra H. Patil

vs. Union of India & Ors. (O.A. 199 of 2014).

7. ANNEXURE A/4 - Order dated 22.12.2016 of

National Green Tribunal passed in Ravikiran Singh

v. Union of India & Ors. (O.A. 676 of 2016).

8. ANNEXURE A/5 - Notification dated 27.09.2017

issued by State of Chhattisgarh banning plastic flexes

among others.

9. ANNEXURE A/6 - Notification dated 04.05.2016 of

Bruhat Bengaluru Mahanagar Palike banning flexes

among others.

10. ANNEXURE A/7 - Circular dated 20.08.2018 of

Bruhat Bengaluru Mahanagar Palike for removal of

plastic made flexes.

11. ANNEXURE A/8 - Order of High Court of Kerala

dated 27.07.2018 passed in St Stephens Malankara

Catholic Church v State of Kerala &Ors.

12. ANNEXURE A/9 - Letter of Kerala State Pollution

Control Board issued on 14.07.2015 with regard to

substituting PVC based flex boards with other

alternatives.

13. ANNEXURE A/10 – News article dated 28.05.2018

by Sakal Times reporting about the absence of ban

on plastic flexes in the final notification.

14. ANNEXURE A/11 - News article dated 10.07.2017

reporting the Draft notification proposing ban on

PVC and chlorinated plastics in state of Telangana.

15. ANNEXURE A/12 - Notification dated 25.06.2018

of State of Tamil Nadu imposing ban on plastic flags

among others.

16. ANNEXURE A/13 - News article dated 22.01.2019

by Viswa Mohan, titled "Avoid single-use plastic for

poll preparations; States told" published in the Times

of India.

17. ANNEXURE A/14 - Copy of the representation sent

by the applicant to MOEF&CC on 29.01.2019.

18. Vakalatnama

DATE:

PLACE:

DRAWN AND FILED

BY:

Sanjay Upadhyay, Upama Bhattacharjee,

& Saumitra Jaiswal, Sai Sathyajith

Advocates for the Applicant

29, Presidential Estate

Nizamuddin East, New Delhi 110013

upama@eldfindia.com,

+919717227490

SYNOPSIS

The present Application raises substantial question of environment in view of

the fact that the Applicant wishes to raise the issue pertaining to the generation

of plastic wasteswhich are produced inabundance due tothe manufacture,

supply sale and use/consumption of single use plastics such as

Banners/Flexes/Signages and the likes, which are used for the purpose of

advertising and campaigning and are made of Polyvinyl Chloride (hereinafter

referred as PVC), which is a hazardous substance and same are being discarded

in an unscientific manner and in complete violation of applicable laws in force,

thereby causing tremendous harm to the environment which among others

include loss of aquatic ecosystem, death of domestic animals, contamination of

soil and ground water, blockage of gutters, sewers and drains, accumulation of

waste in landfills, open air burning, leaching of chemicals which are then

transferred to wildlife and humans causing diseases etc. The immediate threat

and danger to the environment is likely to increase many folds due to the

upcoming general and state elections which are soon to be announced where

use of such one time use of PVC banners increases to huge proportions and in

fact to the extent that in the election phase it consumes as it consumed in the

entire year.

It is pertinent to add that the PVC Products (with emphasis on PVC

Hoardings/Banners/Flexes) have not been regulated by most of the States

despite it being environmentally hazardous in nature. Hence immediate

stringent actions against such products is needed to resist further environmental

degradation by way of issuing Section 5 EPA directions to all States and UTs

to ban use of such unsustainable PVC hoardings, banners and flexes till all State

Governments come up with an Action Plan for assuring that no products which

are made of PVC is used for campaigning purposes during the upcoming

General Elections and some state elections.

Hence the urgency and the Application.

LIST OF DATES AND EVENTS

08.01.2010 Notification issued by the State of Kerala provides that

PVC installations and boards have virtually found to be

illegal and impermissible.

14.07.2015 Kerala State Pollution Control Board has issued letter to

Principal Secretary, Environment Department, providing

opinion for substituting the use of PVC based flex boards

with other eco-friendly materials such as cotton or

polyethylene.

27.10.2015 GO issued by State of Kerala which clearly indicates that

though the state had taken measures to ban the use of flex

boards it was not effective. The order further states that an

alternative to flex of PVC printing, polyethylene material

can be used which is not toxic and is degradable.

08.03.2016 Plastic Waste Management Rules, 2016 enacted which

provides for proper management, handling, storage,

segregation, collection, transportation, processing and

disposalof such PVC based advertising products, which

are mostly discarded after a single-use without following

the mandates of the law.

11.03.2016 State of Karnataka imposed ban on use of Plastic Flexes,

banners, buntings and flags for all purposes which was

issued in pursuance to a draft notification dated

28.10.2015

04.04.2016 The Hazardous and Other Wastes (Management and

Transboundary Movement) Rules, 2016plastic wastes

which are produced in an industrial unit at the stage of

production either as spent catalyst or process residue are

recognized as hazardous waste and therefore are required

to be handled as per the provisions.

08.04.2016 Solid Waste Management Rules 2016 which supersedes

Municipal Solid Wastes (Management and Handling)

Rules 2000 has a widedefinition of municipal solid waste

under the Rules to include PVC hoardings, banners and

flexes.

Plastic Waste Rules 2016 also has an organic linkage with

the Solid Waste Management Rules 2016

04.05.2016 BruhatBengaluru MahanagarPalike, (hereinafter referred

as BBMP) which is the Municipal body of city

ofBangalore has imposed ban on manufacture, supply,

sale & use of plastic carry bags, plastic banners, plastic

buntings, flex, plastic flags, plastic cups, spoons etc.

20.09.2016 CPCB in its affidavit filed in Almitra H. Patil Vs. Union

of India &Ors. (O.A. 199 of 2014) in which it had

concurred with the suggestions of the applicant therein

particularly with respect to the ban of short life plastic.

18.10.2016 MoEF&CC in its affidavit filed Almitra H. Patil Vs.

Union of India &Ors. (O.A. 199 of 2014)had submitted

that as far as PVC and Chlorinated Plastics are concerned

the Ministry is open to such consideration but only after

necessary examination of the issue by formation of group

of experts.

22.12.2016 Almitra H. Patil Vs. Union of India &Ors. (O.A. 199 of

2014), this Hon’ble Tribunal has already passed specific

direction to the Ministry of Environment, Forest and

Climate Change (hereinafter referred as MoEF&CC) for

considering ban on short life PVC and chlorinated

plastics.

22.12.2016 Ravikiran Singh v. Union of India &Ors. (OA 676 of

2016) wherein the Applicant had raised the specific

question regarding regulation of usage of PVC in

hoardings / banners. This Hon’ble Tribunal 2016 had

granted liberty to the said Applicant to approach the

MoEF&CC for dealing with the subject matter in view of

the Almitra judgment

13.01.2017 The Hon’ble Tribunal vide its judgment while considering

the issue of challenge to the validity of the Notification

issued by the Government of Karnataka dated 11.3.2016

held that it is for the State Government to consider

whether flex can be exempted in the event of the

appellant-Association in Appeal No.125 of 2016 giving

categoric assurance by way of affidavit to the

Government that all the used flex materials which are

tradedin the State of Karnataka bythe members of the

appellant-Association will be recycled and based on the

appellant’sassurance thatno flex will be left uncollected

and thrown out after use. This Hon’ble Tribunal also

directed that while considering the same, the State

Government may also take note asto whether the States

wherein plastics are banned, have banned the flex also.

Till such orders that may be passed by the Government of

Karnataka, flex materials were also directed to be covered

by this Tribunal’s above judgment.

10.07.2017 News article which reports that a Draft notification has

been issued by the State of Telangana proposing to

impose a ban on short life PVC and Chlorinated plastics

in the State in compliance of the order of NGT dated

22.12.2016 passed in Original Application No.199 of

2014.

27.09.2017 Department of Housing and Environment, Government

of Chhattisgarh has already extended the ban on

manufacturing, storing, importing, selling, transporting

and use of plastic carry bags (which was vide notification

dated 24.12.2014) to short-life PVC and Chlorinated

plasticsin compliance of the directions passed in judgment

dated 22.12.2016 of this Hon’ble Tribunal passed in

Almitra H. Patil Vs. Union of India &Ors. (O.A. 199 of

2014).

16.11.2017 While hearing the Review Petition no. 22/2018 filed in the

caseAlmitra H. Patil Vs. Union of India &Ors. (O.A. 199

of 2014)has noted under its order that six months period

was given to MoEF&CC for compliance of the directions

with regard to ban on PVC and chlorinated plastics. The

Hon’ble Tribunal observed that even though a year has

gone by, but the compliance in this regard has not been

made by the Ministry.

Accordingly, the Ministry was given two more months for

compliance of the same. The order also provided that in

the event of default, the officer shall be liable to be

proceeded against personally.

28.05.2018 News article by Sakal Times stated that even the State of

Maharashtra before issuing the Notification dated

23.03.2018 titled - Maharashtra Plastic and Thermocol

Products (Manufacture, Usage, Sale, Transport, Handling

and Storage) Notification, 2018 had recognizedPlastic

Banners as one of the items which were proposed to be

banned under the Notificationunder a Draft notification

issued on 02.01.2018.

25.06.2018 State of Tamil Nadu has also imposed ban on various

plastic products including plastic flags but it does not

extends such embargo on Plastic banners or the likes.

27.07.2018 Hon’ble High Court of Kerala while referring to a

Notification dated 08.01.2010 observed categorically the

perilous and nocent effects of such hoardings with respect

to the angle of pollution and reminded the authorities with

regard to the duties vested in them to ensure that the

nationally and internationally accepted norms for fighting

pollution is adopted.

The Hon’ble High Court further voiced concern on the

allowing such advertisement boards whose material are

not biodegradable and which emanate toxicity when they

burn.

20.08.2018 BBMP has recently imposed blanked ban on all outdoor

advertisements exempting those which are displayed on

Public-Private Partnership Projects like Public Toilets,

Bus Shelter and Sky Walks. However, even for these

projects, the use of Flexes which are made of plasticare

not allowed and has been ordered to be removed along

with other illegal hoardings.

22.01.2019 News articleby Viswa Mohan, titled "Avoid single-use

plastic for poll preparations; states told" under which it

has been reported that the MoEF&CC has issued a letter

on 17th January, 2019 marked for all States and the Chief

electoral Officers, requesting to desist from single-use

plastic election material and to use sustainable material

during the campaign

The letter echoes the same concerns raised by the

Applicant herein under this application.

Article further reports that another letter which was a

follow-up of the above mentioned letter was issued on

21.01.2019 to all States providing guidelines suggesting

prohibitive actions which would help towards meeting the

nation's commitment of completely eliminating single-use

plastic by 2022. It is also reported that the letter provides

emphasis on completely banning single-use plastic

products in all government offices and PSUs to begin

with, while simultaneously discouraging use of other

plastic products in those offices. It is also provided that

the guidelines should also pitch for exploring eco-friendly

alternatives.

29.01.2019 Applicant had submitted a written representation to the

MoEF&CC in compliance of the directions given by this

Hon’ble Tribunal in the case titled Shivpal Bhagat &Ors.

v Union of India &Ors. Original Application No. 104 of

2018 (M.A. No. 279 of 2018 & M.A. No. 858 of 2018)

vide Order dated 19.07.2018.

Applicant through the representation made to the

MoEF&CC has raised various issues pertaining to the

adverse environmental impacts of use of PVC hoardings

and had prayed before the Ministry that appropriate

direction be issued to all States imposing ban on all PVC

based Banner/Flexes/Signages or like to be used for all

purposes. It was also prayed and suggested by the

Applicant herein that the Ministry should develop an

action plan for executing the ban on all such products for

its use alongwith recognizing and promoting the

alternatives available in this regard.