Disposed

Aditya Dubey (Minor) through His Natural Guardian Mrs. Anu Dubey v. Coca-Cola India Pvt. Ltd. (Ccipl)

NGT8 Jan 2021Original Application No. 28/2020

Case brief

AI extract

What is this about?

The National Green Tribunal disposed of two applications seeking enforcement of Extended Producer Responsibility under the Plastic Waste Management Rules. After reviewing the CPCB's report of actions taken, including show cause notices and registrations, the Court directed the CPCB to take further follow-up action and disposed of the applications.

What did the court decide?

Disposed of applications with a direction to CPCB to take further follow-up action in accordance with law.

Aditya Dubey (Minor) through His Natural Guardian Mrs… — Environment and Pollution | NGT (2021)

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Item Nos. 05&06

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 997/2019

Aditya Dubey (Minor)

Applicant

Versus

Amazon Retail India Private Limited & Ors. Respondent(s)

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WITH

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Original Application No. 28/2020

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Aditya Dubey (Minor) through his Legal Guardian Mrs. Anu Dubey & Anr.

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Applicant

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Versus

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Coca-Cola India Pvt. Ltd. (CCIPL) & Ors.

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Respondent(s)

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Date of hearing: 08.01.2021

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CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

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Applicant: Ms. Priya Hingorani, Senior Advocate with Mr. Pramod Kumar, Advocate in O.A. No. 28/2020 Respondent: Mr. Balendu Shekhar, Advocate for CPCB

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ORDER

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These applications seek enforcement of ‘Extended Producer Responsibility’ (EPR) under the Plastic Waste Management Rules, 2016 (PWM Rules, 2016). The first petition seeks enforcement of the liability against Amazon and Flipkart using excessive plastic packaging material without meeting statutory liability. The second petition alleges violation of such statutory liability by M/s Coca-Cola India Pvt. Ltd. (CCIPL), Gurgaon, Haryana, M/s Hindustan Coca-Cola Beverages Pvt Ltd,

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Gurgaon, Haryana, PepsiCo India Holdings Pvt. Ltd., Gurgaon, Haryana, M/s Bisleri International Pvt. Ltd., Mumbai, M/s Parle Agro Pvt. Ltd., Mumbai, M/s Patanjali Peya Private Ltd., Haridwar, Uttarakhand, M/s Nourish Co Beverages Ltd. (Himalayan Water), Gurgaon, Haryana and M/s Indian Railway Catering & Tourism Corp. Ltd., New Delhi.

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The matter has been considered on earlier occasions and it was observed that the statutory regulators were not taking coercive measures, including invoking of “Polluter Pays” principle, for enforcing the statutory norms. Central Pollution Control Board (CPCB) was directed to look into the matter and file further report.

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The matter was last considered on 10.09.2020 in the light of report

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of the CPCB dated 04.09.2020 as follows:-

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“ 1&2.xxx…………………….xxx………………………………………xxx

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3. Accordingly, a report has been filed by the CPCB on 04.09.2020 which again mentions one or other reasons for not enforcing the law but does not mention the coercive measures adopted either directly by CPCB or in coordination with the State PCBs/PCCs. The CPCB can also consider ordering environmental audit against the concerned entities and assess and recover compensation for violation of environmental norms, following due process of law.

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4. Let further steps be taken in the matter and an action taken report be filed before the next date by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. ”

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Accordingly, the CPCB has filed its report on 12.10.2020 as

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follows:-

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“2.0 Action Taken by CPCB : -

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CPCB has taken the following Actions in compliance with above Directions of Hon'ble NGT:

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2.1 Action taken w.r.t 10 firms listed in OA No.997/2019 & OA No. 28/2020

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(a) Show Cause Notices for Closure of operations & Levying EC:

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Two firms namely M/s. Patanjali Peya Pvt. Ltd. & M/s. Flipkart Private limited- are not registered with CPCB and have not responded to CPCB's communications on the matter. Accordingly, Show Cause Notice under Section 5 of the Environment (Protection) Act, 1986 dated October 08, 2020 (Annexure I & II) has been issued to these units for closure of their operation and for levying of Environment Compensation for non-compliance of provisions of PWM Rules, 2018.

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(b) Show Cause Notice for Levying Environment Compensation

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(EC):

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Four firms namely M/s. Hindustan Coca-cola Beverages Pvt. Ltd., M/s. Pepsico India Holding Pvt. Ltd., M/s. Bisleri International Pvt. Ltd., & M/s. Nourish Co Beverages Ltd.- are registered with CPCB. However, they have not provided information for evidence based assessment of implementation of Action Plan for fulfilment of Extended Producer Responsibility (EPR) liability. Further, the documents submitted by them have not been endorsed by SPCB/PCC/ULB. Accordingly, Show Cause Notice under Section 5 of the Environment (Protection) Act, 1986 dated October 08, 2020 (Annexure 111- VI) has been issued to these firms for levying of Environment Compensation for non-compliance of provisions of PWM Rules, 2018.

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(c) Registration of Firms:

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4 firms namely M/s Amazon Seller Service Pvt. Ltd, M/s. Coca-cola India Pvt. Ltd., M/s. Parle Agro Pvt. Ltd., M/s. Indian Railway Catering & Tourism Corp. Ltd.- have been recently granted registration by CPCB as Brand Owner/producer under Plastic Waste Management (PWM) Rules,2018. They are required to submit quarterly progress reports and comply with conditions stipulated in the Registration certificate issued to them.

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(d) Environmental Audit:

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Hon'ble NGT has observed that CPCB may consider ordering Environmental Audit against these 10 firms. CPCB has held deliberations with expert agencies on the matter. Since, it will be for the first time that such an Audit shall be conducted, a committee has been constituted to deliberate and suggest mechanism for conducting Environmental Audit as well as specify the agencies which can be engaged for such Audits.

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2.2. Action taken w.r.t other Producers/ Brand-owners:

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Directions under Section 5 of Environment (Protection) Act, 1986 dated October 06, 2020 has been issued to all SPCBs/PCCs (Annexure-VII) for identification of the Brand owners/ producers who are operating without Registration from SPCB/PCC/ CPCB in their State/UT and to take action against the defaulting units as per provisions of PWM Rules, 2018 which may include closure of their operations, and levying Environmental Compensation.

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Further, CPCB receives applications for Registration under Rule 13(2) of PWM Rules. Applications are examined by CPCB and clarification/information, if any, are communicated to the applicants. However, many such applicants have not responded to CPCB's queries. As the applicants are non-compliant during this period, list

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of such applicants has also been forwarded to the State Board for taking action against the defaulting units as per provision of PWM Rules, 2018 which shall include closure of their operations, and levying environmental compensation”

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