Praveen Mittal Vs. Department of Environment, Govt. of NCT of Delhi. País/Territorio India Tipo de la corte Nacional - corte superior Fecha Sep 2, 2009 Fuente UNEP, InforMEA Nombre del tribunal High Court of Delhi Juez Badar Durrez AhmedVeena Birbal. Idioma Inglés Materia Desechos y sustancias peligrosas Palabra clave Reciclado/reutilización Sustancias peligrosas Resumen This writ petition is directed against the clarification issued by the Department of Environment, Government of NCT of Delhi, on 20.02.2009, with regard to the use of non-woven bags. The clarification was issued in the context of the earlier notification dated 07.01.2009, which was issued by the Lt. Governor of the National Capital Territory of Delhi, in exercise of powers conferred under Section 5 of the Environment (Protection) Act, 1986, banning the use of plastic bags in specific places such as the Local Shopping Complexes and Main Markets in Delhi. The composition of such non-woven bags contained Polypropylene to the tune of 98.3% which is again a non-biodegradable material, therefore the clarification decided that such bags are also covered in the ambit of the High Court's order and hence shall not be allowed in such places. According to the petitioner, the non-woven bags manufactured by it, would not strictly fall under the category of "plastic bags" since they do not have the essential characteristics of plastic. In the present case, the admitted position is that the non-woven bags comprise of 98.3% polypropylene. Therefore, the conclusion is simply that the end product is nothing but plastic. Since the products manufactured by the petitioner are admittedly bags, they would fall within the expression "plastic bags". the writ petition is dismissed. Since the non-woven bags are admittedly not bio-degradable, they cannot be used at other places in Delhi also in view of paragraph 3 of the notification dated 07.01.2009. The argument that the petitioner's product is porous and that water can pass through the same is of no consequence because that is not the consideration which is to be taken into account while construing the notification dated 07.01.2009. Texto completo COU-156256.pdf