Civil Appellate Jurisdiction Civil Appeal No. of 2017 ??IN THE SUPREME COURT OF INDIA Civil Appellate Jurisdiction Civil Appeal No. of 2017 (Arising out of the Impugned judgment/ Final

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  • IN THE SUPREME COURT OF INDIA

    Civil Appellate Jurisdiction

    Civil Appeal No. of 2017

    (Arising out of the Impugned judgment/ Final order dated

    13.01.2017 passed by the National Green Tribunal (South Zone

    bench), Chennai in Appeal No. 119 of 2016)

    In the matter of:

    Karnataka State Plastic Association ..Appellant

    VERSUS

    The State of Karnataka & Ors. ..Respondents

    PAPER BOOK

    (For Index kindly see inside)

    With

    I.A. No. OF 2017

    An Application for stay

    With

    I.A. No. OF 2017

    An application for Exemption from filing certified copy

    Advocate for the Appellant - Kundan Kr. Mishra

    Bar & Bench (www.barandbench.com)

  • RECORD OF PROCEEDINGS

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    17.

    Bar & Bench (www.barandbench.com)

  • INDEX

    SL.

    No.

    Particulars Page No.

    1. Office Report on Limitation

    2. Listing Proforma

    3. List of Dates and Events

    4. True copy of the impugned Judgment/ Final Order dated 13.01.2017 passed by the National Green

    Tribunal, New Delhi in Appeal No. 119 of 2016.

    5. Appeal under Section 22 of the National Green Tribunal Act 2010, along with affidavit.

    6. Appendix of the National Green Tribunal Act, 2010

    7. Annexure A-1 The true typed copy of the Environment Protection Act

    1986.

    8. Annexure A-2 The true typed copy of the Environment Protection

    Rules 1986.

    9. Annexure A-3

    The true typed copy of the notification dated

    10.02.1988

    10. Annexure A-4 The True copy of the order dated 03.04.2013 passed by

    the Supreme Court in Ankur Gutkha case SLP(C) NO

    16308/2007

    11. Annexure A-5 The true copy of the RTI dated 15.10.2014 and other

    RTIs

    12. Annexure A-6 The true copy of the draft Notification dated

    28.10.2015 issued by the Government of Karnataka.

    13. Annexure A-7 The true copy of the objections filed by the appellant

    along with the list of enclosures dated 20.11.2015.

    14. Annexure A-8 The true copy of the notification dated 11.03.2016 of

    the state of Karnataka.

    Bar & Bench (www.barandbench.com)

  • 15. Annexure A-9 The true copy of the Plastic Waste Management Rules

    2016.

    16. Annexure A-10 The true copy of the Solid Waste Management Rules

    2016.

    17. Annexure A-11 The true copy of the order dated 29.03.2016 passed by

    the Honorable High Court of Karnataka in writ Petition

    No. 14691of 2016

    18. Annexure A-12 The true copy of the Appeal no 119 of 2016 filed

    before the NGT South Zone Bench at Chennai.

    19. Annexure A-13 The true copy of the judgment dated 15.07.2016 passed

    by the Honorable Supreme Court of India in Karuna

    society for animal welfare vs Union of India and others

    WPC NO 154 of 2011.

    20. Annexure A-14 The True copy of the reply filed by the State of

    Karnataka on 25.07.2016 in appeal no 119 of 2016

    before NGT South Zone Bench Chennai

    21. Annexure A-15 The true copy of the reply filed by the respondent no 4

    i.e. Ministry of Chemical and fertilizers date

    12.07.2016 in appeal no 119 of 2016 before NGT

    South Zone Bench Chennai.

    22. Annexure A-16 The true copy of the reply filed by the respondent no 5

    i.e. CIPET dated19.07.2016 in appeal no 119 of 2016

    before NGT South Zone Bench Chennai

    23. Annexure A-17 The true typed copy of the written submission filed by

    the appellant dated Nil in appeal no 119 of 2016 before

    NGT South Zone Bench Chennai

    24. Application for the stay

    25. An application for Exemption from filing certified copy

    Bar & Bench (www.barandbench.com)

  • IN THE SUPREME COURT OF INDIA

    Civil Appellate Jurisdiction

    Civil Appeal No. of 2017

    In the matter of:

    Karnataka State Plastic Association ..Appellant

    VERSUS

    The State of Karnataka & Ors. ..Respondents

    OFFICE REPORT ON LIMITATION

    1. The Petition is/ are within time.

    2. The Petition is barred by time and there is a delay of __ days

    in filing the Civil Appeal/ Special Leave Petition and the

    Appeal/ Petition for Condonation of __ days delay has been

    filed.

    3. There is a delay of ____ days in re-filing the Civil Appeal/

    Special Leave Petition and application for Condonation of

    _____delay in refilling has been filed.

    BRANCH OFFICER

    New Delhi

    Dated: .03.2017

    Bar & Bench (www.barandbench.com)

  • LISTING PROFORMA

    IN THE SUPREME COURT OF INDIA

    SECTION-

    The case pertains to(Please tick/check the correct box):

    Central Act: (Title) National Green Tribunal Act

    2010

    Section:

    Central Rule: (Title) NA

    Rule No(s): NA

    State Act: (Title) NA

    Section: NA

    State Rule: (Title) NA

    Rule No(s): NA

    Impugned Interim Order: NA

    Impugned Final Order/: (Date) 13.01.2017

    High Court: (Name) National Green Tribunal, Chennai

    Names of Judge(s): H.M.J. Dr. P. Jyothimani, Judicial

    Member

    H.M.J. P.S. Rao, Expert Member

    Tribunal/Authority: National Green Tribunal

    1. Nature of matter: Civil

    2. (a) Petitioner/appellant No.1: Karnataka State Plastic

    Association

    (b) E-mail ID: kundanmishra@kkmishra.net

    (c) Mobile phone number: 9911545488

    3. (a) Respondent : State of Karnataka & Ors.

    (b) E-mail ID: NA

    (c) Mobile phone number: NA

    Bar & Bench (www.barandbench.com)

    mailto:kundanmishra@kkmishra.net

  • 4. (a) Main category classification:

    (b) Sub classification:

    5. Not to be listed before: NA

    6. Similar/Pending matter: NA

    7. Criminal Matters:

    (a) Whether accused/convict has surrendered: Yes No

    (b) FIR No. N.A., Date: N.A.

    Complaint Case No. N.A

    (c) Police Station: N.A.

    (d) Sentence Awarded: NA

    (e) Sentence Undergone: NA

    8. Land Acquisition Matters:

    (a) Date of Section 4 notification:NA

    (b) Date of Section 6 notification: NA

    (c) Date of Section 17 notification: NA

    9. Tax Matters: State the tax effect: NA

    10. Special Category (first petitioner/appellant only):

    Senior citizen> 65 years SC/ST Woman/child Disabled

    Legal Aid case In custody N.A.

    11.Vehicle Number (in case of Motor Accident Claim matters): N.A

    12. Decided cases with citation: N.A.

    Date: ___ .03.2017

    (KUNDAN KR MISHRA)

    Advocate for the Appellant

    Bar & Bench (www.barandbench.com)

  • BRIEF SYNOPSIS AND LIST OF DATES AND EVENTS

    That the appellants are seriously aggrieved because National Green

    Tribunal(south zone) Chennai bench (hereinafter referred to as NGT)

    has failed to exercise its Jurisdiction and thus did not appreciate that

    the impugned Notification(dated 11.03.2016 issued by the state of

    Karnataka) was issued in the background of and basis of Plastic

    waste management Rules 2011 and Solid waste Management Rules

    2000 and that the just within a week after that the Central

    Government, in supersession of previous Rules, has framed new set

    of exhaustive Rules as Plastic Waste Management Rules 2016(

    notified on 18.03.2016) and Solid Waste Management Rules

    2016(notified on 08.04.2016) in which the Central Government has

    framed exhaustive rules for the waste management including

    punitive provisions.

    That NGT again failed to exercise its jurisdiction and thus did not

    appreciate the validity of said impugned notification on ground of

    Rationality, Legality and Propriety as it is clear:-

    from Paragraph No. 112 (at page no. 79)of impugned judgment

    which is extracted as below for ready reference that rather than

    considering the rationality and correctness of Impugned Notification

    (as it should have done being a tribunal manned by the expert

    members and made for looking into the rationality of facts before it

    scientifically) and the very ambit of exercise of power of state

    government, NGT put the onus upon Union of India to revoke the

    power delegated by central Government upon the State.

    112. There is one other relevant aspect which is to be

    considered. The Government of India, Ministry of

    Chemicals and Fertilizers, Department of Chemicals and

    Petro-Chemicals has taken a stand in the reply as elicited

    above, that complete ban of plastic is not permissible

    unless it is in accordance with law and procedure. If a

    Department of the Government of India has taken a

    decision that total ban is not permissible under Section 5

    Bar & Bench (www.barandbench.com)

  • of the EP Act or in cases where Government of India

    which has delegated its powers to the State Government

    under Section 23 of the EP Act, decides to exercise such

    power by itself, there is certainly no bar for the

    Government of India to take a decision. In fact in the

    order of delegation of power given to various States in

    the year 1988, as s

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