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Supreme Court of India · 20/10/2023

TAMIL NADU AND PUDUCHERRY PAPER CUP MANUFACTURES ASSOCIATION versus STATE OF TAMIL NADU & ORS

[2023] 14 S.C.R. 1133 · 2023 INSC 952

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court upheld Tamil Nadu’s ban on plastic-coated reinforced paper cups as a reasonable environmental restriction, supported by expert material and practical recycling difficulties. It remitted the inclusion of non-woven bags to the Pollution Control Board for fresh consideration in light of amended central rules permitting regulated manufacture. Though prior hearing under Rule 4 was mandatory and absent, the particular pre-enforcement hearings, elapsed time and public interest did not justify invalidating the notification.

Issues

  1. Whether Tamil Nadu had power to impose the plastic-products ban and whether lack of prior hearing invalidated it.
  2. Whether the bans on reinforced paper cups and non-woven carry bags were proportionate restrictions.

Provisions considered

Held

Result

Paper-cup appeal disposed of with the ban upheld. Non-woven-bag appeals partly allowed; Tamil Nadu Pollution Control Board directed to reconsider their inclusion afresh in light of the amended 2016 Rules. No costs.

Judgment PDF: Supreme Court of India, [2023] 14 S.C.R. 1133.