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The Delhi High Court Monday refused to stay the state government’s draft notification aimed at putting a blanket ban on the manufacture, sale and use of plastic bags in Delhi.

The bench of Acting Chief Justice A.K. Sikri and Justice R.S. Endlaw rejected the plea of the All India Plastic Industries Association, terming it premature.

Refusing to entertain the plea, the court, however, asked the petitioner to approach the court within a week after the government issued the final notification.

The Delhi government submitted that the petitioner should not have approached the court at this stage, as objections raised by industry were still pending before the lieutenant governor for his consideration.

The plastic industry has approached the high court challenging the Delhi government’s draft notification of September 20, 2011. The plastic manufacturers had contended it violated their fundamental rights to run a business for livelihood.

To completely ban plastic bags, the central government had framed Plastic Waste (Manufacturing and Handling) Rules, 2011, on the directions passed by the court in 2008. The Delhi government issued the draft notification in September 2011 in compliance with the central government’s rules.



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