No coercive steps against Cement Manufacturers Association for violation of SoP under 2016 Plastic Waste Management Rules: Delhi High Court

The Delhi High Court has ordered that until the Central government notifies Plastic Waste Management Amendment Rules, 2021, no coercive steps should be taken against the members of the Cement Manufacturers Association on account of violation of the Standard Operating Procedure (SOP) for Registration of Producers, Importers & Brand-Owners (PIBOs) under the Plastic Waste Management Rules 2016..A single-judge Bench of Justice Prathiba M Singh also directed the Central government to notify the Plastic Waste Management Amendment Rules, 2021 within a period of two months, i.e. by July 31, 2021. .The Court was dealing with a petition filed by Cement Manufacturers Association (petitioner) inter alia challenging the SOP. .It was the petitioner's stand that the SOP was impractical inasmuch as it imposed various obligations on its members, and that the SOP was different from the draft action plan of 2019. .The Central Pollution Control Board (CPCB), on the other hand, said that the SOP did not notify anything new and that it only gave effect to the Rules..Central government added that the Draft Guidelines of 2020 have already been put up and it requires two more months to get finalised. .The Court opined that the Plastic Waste Management Rules need to be given effect to in order to ensure that the “Polluter Pays” Principle is fully implemented and the industries take care of the pollution created by their actions. .However, there ought to be clarity in the manner in which the implementation of Plastic Waste Management is to take place, the Court added. .The Court noted that the Draft Guidelines, on which comments have been received from the stakeholders, contemplate the creation of a national platform for registration of the producers, importers etc, a uniform EPR framework for the entire country and the graded plastic waste management..In view of the Central government's stand that stakeholders consultation on Draft Guidelines is ongoing, the Court granted time to the government notify the amended Rules of 2021 till July 31. ."The said Rules would take into consideration the suggestions made by the various stakeholders, and shall also establish a framework for Plastic Waste Management," the Court stated. .To the extent of any inconsistency between the Action plan of 2019 and the SOP, the Court asked all members of the Petitioner association to make an endeavour to submit their plans to the best extent possible. "However until and unless the final Waste Management Rules, 2021 are notified by the Ministry of Environment, no coercive steps shall be taken against the Petitioner and their members, for violation of the SOP under challenge..The submission of an action plan by the Petitioners members would be without prejudice to their rights and contentions in the present petition," it clarified. .The Court also sought a status report from the parties by August 10, 2021, showing the progress in terms of the directions given by it. .Senior Advocates Abhishek Manu Singhvi, Pinaki Misra with Advocate Vanita Bhargava appeared for the petitioner. .CGSC Nidhi Raman with Advocates Nidhi Mohan Parashar, Zubin Sengh, Vikrant Kumar appeared for the Centre. Advocate Balendu Shekhar appeared for CPCB..[Read Order]