Disposed

Action Group Against Plastic Pollution through Dr Pallavi Khanna v. State of Punjab

NGT10 Mar 2026Original Application No. 1258/2024

Case brief

AI extract

What is this about?

The National Green Tribunal addressed grievances regarding ineffective implementation of single-use plastic (SUP) bans in Jalandhar. Noting continued violations despite existing rules and closures of dozens of units without compensation, the bench directed the formation of a joint committee for combing operations and ordered the local municipality to create a digital complaint portal.

What did the court decide?

Directions to form a joint committee for combing operations; directive to the Municipal Corporation to launch a complaint portal; order to intensify enforcement drives against SUP use.

Action Group Against Plastic Pollution through Dr Pallavi… — Environment and Pollution | NGT (2026)

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Court No. 1

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Item No. 15

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 1258/2024

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Action Group Against Plastic Pollution & Anr. Applicant(s)

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Versus

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State of Punjab & Ors.

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Respondent(s)

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Date of hearing: 10.03.2026

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CORAM: HON’BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON’BLE DR. A. SENTHIL VEL, EXPERT MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER

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Applicant: Mr. Subhagya Liberhan, Adv. for Applicant (Through VC)

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Respondents: Mr. Udit Malik & Ms. Sheenu Priya, Advs. for R - 1, 3 & 5 (Through VC) Mr. Srinivas Vishven, Adv. for CPCB (Through VC) Mr. Ankit Siwach, Adv. for PPCB (Through VC) Mr. Sanchar Anand, Adv. for R - 7 (Through VC)

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ORDER

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In this Original Application (OA), applicant has raised the grievance that respondents have failed to implement the ban concerning the Single Use Plastic (SUP) in the city of Jalandhar.

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Applicant in support of the plea that SUP in the form of carry bags, cup, etc is still being used within the city of Jalandhar. He has placed on record the photographs along with the OA from page 49 onwards.

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Concerned respondents have filed their replies and they have been heard at length.

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It has been pointed by Counsel for the applicant that MoEF&CC has issued the notification dated 12.08.2021 namely “Plastic Waste Management (Amendment) Rules, 2021. The said amendment defines the

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non-woven plastic bags and SUP commodity. By these rules, ban on manufacture, distribution, sale and usage of single use plastics manufacture, import, stocking, distribution, sale and use of certain singleuse plastic, including polystyrene and expanded polystyrene commodities has been imposed with effect from 01.07.2022. The State Government has also issued the notification dated 23.06.2016 namely “Punjab Plastic Carry Bags (Manufacture, Usage And Disposal) Control (Amendment) Act, 2016. By this amendment, following Sub-Section in Section 7 of the Original Act has been inserted:-

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“2. In the Punjab Plastic Carry Bags (Manufacture, Usage and Disposal) Control Act, 2005, the provision of section 7 shall be numbered as sub-section (1) and after sub-section (1) so re-numbered, the following sub- section shall be added, namely:-

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"(2) Notwithstanding anything contained in sections 3, 4, 5 and sub-section (1) of section 7, the State Government, may by notification in the Official Gazette, completely prohibit to manufacture, stock, distribute, recycle, sale or use of plastic carry bags and containers made of virgin or recycled plastic and plastic items having one time use such as disposable plastic cups, tumblers, spoons, forks and straws.".

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The State Government has issued notification dated 18.02.2016 in exercise of the aforesaid power putting a ban on manufacturing, stocking, distribution, recycling, sailing or use of plastic carry bags within the jurisdiction of all the Municipal Corporations, Municipal Councils and Nagar Panchayats in the State of Punjab. This notification find reference in the subsequent notification dated 15.07.2022 which has been placed on record as annexure R-6/A. By subsequent notification, some more restrictions were imposed.

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Grievance in this OA is that inspite of the existence of a regulatory regime prohibiting the use of SUP, effective implementation of the rules has not been done by the local authorities at the ground level within the limits of the Municipal Corporation, Jalandhar and SUP is still being used.

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Punjab Pollution Control Board (PPCB) which is the regulatory agency, has filed the reply dated 13.02.2025 and has not disputed that, by virtue of the Amendment Act, 2016, State of Punjab has imposed a complete ban on manufacture, import, stocking, distribution, sale and use of specified, identified single use plastic. In the reply, it is stated that in the surprise check of the industries/units manufacturing plastic carry bags and other identified single use plastic items, about 30 such industries were found manufacturing the same and have been closed. This reply does not reflect that against these industries which were violating not only the rules, but also environmental norms and manufacturing the SUP, any environmental compensation has been imposed by PPCB. The reply also does not reflect the action of seizure of SUP material manufactured by these units found to be stocked at the time of closure and manner of utilization of the said SUP material. Hence, it appears that the action which was taken by the PPCB was an incomplete action.

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Reply of the PPCB further states that certain directions have been issued by PPCB but these directions are mainly concerning the solid waste management. Though, one of the directions relates to the Municipal Corporation, Jalandhar for ensuring complete ban on the use, import, stocking, distribution and sale of identified single use plastic items as well as ban plastic carry bags within its jurisdiction but by simply issuing the paper direction, no purpose is served unless at the ground level effective action is taken by the authority to ensure that use of SUP material is effectively banned and action is taken against those who violate the rules, prohibiting the use of SUP.

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So far as, Municipal Corporation, Jalandhar is concerned it has taken a stand that as many as 154 challans were issued in the year 2024 against the shopkeepers found using SUP.

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Referring to those challans, Learned Counsel for the applicant has pointed out that as many as 80 challans were issued on the same day and some of the challans were issued on other dates. Hence, one time drive in this regard will not have the effective results unless constant monitoring is done by the Municipal Corporation, Jalandhar to check the use of SUP and ensure effective implementation of the prohibition in this regard.

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We are constrained to make above observations because applicant has not only placed on record the photographs dated 09.06.2024, 09.07.2024 and 09.11.2024 with original application showing the use of SUP in the market of Jalandhar, but has also placed on record the photographs dated 10.01.2026 and 31.12.2025 along with rejoinder to show that SUP is being used in the market in the city of Jalandhar. Referring to the photographs (annexure15), it has been pointed out by Counsel for the applicant that even during the wedding ceremonies there is use of plastic straw and cups made of SUP.

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Though, Municipal Corporation, Jalandhar has placed on record the photographs (annexure R-2) concerning the drive which has been taken for creating public awareness against the use of SUP and organizing the mela in this regard and publication of the news item but more efforts are required at the ground level by the concerned authorities to ensure that ban is effectively implemented because material on record shows that there is still gap in the implementation of the rules. 13. So far as reply by respondent nos.1 and 5 is concerned, a perusal thereof, does not reflect that respondent nos. 1 and 5 have taken any effective steps at the ground level to ensure proper implementation of the rules.

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Central Pollution Control Board (CPCB) has disclosed the revised guidelines for assessment of environment compensation to be levied for violation of Plastic Waste Management Rules, 2016, therefore, in the cases

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of violation, the PPCB is required to calculate the environmental compensation following the said rules. In the guidelines, details of the environmental compensation to be levied and penal action to be taken for non-compliance of Plastic Waste Management Rules, 2016 are as follows:-

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TABLE 2.0: DETAILS OF EC TO BE LEVIED & PENAL ACTION TO BE TAKEN FOR NON-COMPLIANCE OF PWM RULES

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*Rule*	*Provisions*	*Violator*	*Violation*	*Environmental* *compensation*
4 (c) & 4(j)	(c) Carry bag made of virgin or recycled plastic, shall not be less than seventy- five microns in thickness with effect from the 30th September, 2021 and one hundred twenty (120) microns in thickness with effect from the 31st December, 2022; (j) non-woven plastic carry bag shall not be less than 60 Gram Per Square Meter (GSM)	Producer	Manufacturing bags not meeting specifications	i. Seizure of manufactured products & closure of unit ii. EC to be levied @ Rs.5000/- per ton of plastic bags manufactured from the date of inception of the unit or date of notification of PWM Rules (March 18, 2016) whichever is later (EC to be levied @ Rs.10000/- per ton for 2nd violation and @ Rs.20000/- per ton for 3rdviolation) iii.Penalty as per Section 15 of EPA 1986 / The Jan Vishwas Amendment of Provisions) Act, 2023 as applicable.
4 (d)	Plastic sheet or like, which is not an integral part of multi- layered packaging	Producer	Manufacturing sheets not meeting specifications	i. Seizure of manufactured products & closure of Unit ii.EC to be levied @ Rs.5000/- per ton of packaging

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	and cover made of plastic sheet used for packaging, wrapping the commodity shall not be less than fifty microns in thickness except as specified by the Central Government where the thickness of such plastic sheets impair the functionality of the product.			products from the date of inception of the unit or date of notification of PWM Rules (March 18, 2016) whichever is later (EC to be levied @ Rs. 10000/- per ton for 2nd violation and @ Rs. 20000/- per ton for 3rd violation) iii. Penalty as per Section 15 of EPA 1986 / The Jan Vishwa (Amendment of Provisions) Act, 2023 as applicable
4(f) & 4(i)	(f)Sachets using plastic material shall not be used for storing, packing or selling gutkha, tobacco and pan masala; (i)Plastic material, in any form including Vinyl Acetate - Maleic Acid – Vinyl Chloride Copolymer, shall not be used in any package for packaging gutkha, pan masala and tobacco in all forms.	Producer	Using plastic material for packaging	i. Seizure of products & closure of Unit ii. EC to be levied @ Rs.5000/- per ton of plastic used in packaging of tobacco products from the date of inception of the unit or date of notification of PWM Rules (March 18, 2016) whichever is later (EC to be levied @ Rs.10000/- per ton for 2^ndViolation and Rs.20000/- per ton for 3^rdviolation) Penalty as per Section 15 of EPA 1986 / The Jan Vishwas (Amendment of Provisions) Act, 2023as applicable time

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The	Manufact	Certificate not	EC to be levied @
manufacturer s or seller of compostable plastic and biodegradable plastics carry bags or commodities or both shall obtain a certificate from the Central	urer	obtained	Rs.7900/- per ton of compostable and biodegradable plastic produced from the date of inception of the unit or date of notifications of PWM Rules (March 18, 2016 and July 06, 2022 respectively) whichever is later
Pollution Control Board before marketing or selling; and		Not complying with conditions specified in Certificate issued by CPCB	i. Cancellation of CPCB Certificate and closure of Unit (In case the violation is found w.r.t raw material used/ product manufactured, EC to be levied as per violation of Rule 13(2). Penalty for non- compliance Of remaining condition shall be taken in accordance with relevant section of the PWM Rules)
			ii. Penalty as per Section 15 of EPA 1986 / The Jan Vishwas (Amendment of Provisions) Act, 2023 as applicable iii. EC to be levied @ Rs.7900/- per ton of compostable and biodegradable plastic produced for the period of violation or from the date of issue of certificate under 4(h) PWM Rules. (EC to be levied @ Rs.15800/- per ton for 2^ndviolation and@

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				Rs.23700/- per ton for 3^rdviolation)
4(2)	4(2)	Producer	Production of	i. EC to be levied @
&	Manufacturer,		prohibited	Rs.5000/- per ton of
14(	import,		SUP items	plastic SUP items
1)	stocking,			produced from the
	distribution, sale and use of following			date of inception of the unit or July 01, 2022 whichever is
	single use plastic,			later. (EC to be levied @
	including			Rs.10000/- per ton
	polystyrene and expanded polystyrene, commodities shall be			for 2^ndviolation and @ Rs.20000/- per ton for 3^rdviolation) ii. Revocation of Consent
	prohibited.	Stockist/d istributors	Stocking and distribution of	i. Seizure of SUP products or
	(a) ear buds		prohibited SUP	bags/sheets
	with plastic sticks, plastic		items or Selling products in	ii. Cancellation of
	sticks for balloons,		plastic bags which are	Commercial licence by concerned Local
	plastic flags,		not complying	Authority.
	candy sticks,		with provisions	iii. Fine Rs.2000/- (I
	ice-cream		of PWM Rules	violation);
	sticks,			Rs.5000/- (II
	polystyrene			violation); Rs.
	[Thermocol] for			10,000/- (Third
	decoration;
	(b) plates,			incident)
	cups, glasses,			Above is minimum EC
	cutlery such			to be levied for the
	as forks,			said violation by the
	spoons,			Local body. Local
	knives, straw,			already imposing fine
	trays,			to continue doing so; if
	wrapping or			the fines are more
	packing films			than the minimum
	around sweet boxes,			specified fines as per details given above
	invitation cards, and cigarette	Importer	Import of prohibited SUP	i. Seizure of imported SUP products
	packets,		items	ii. Cancellation of
	plastic or PVC			Registration
	banners less			Certificate by
	than 100			Custom Authorities.

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micron,			iii. Fine Rs.2000/- (I
stirrers 14(1) Retailers			violation); Rs.5000/-(II violation);
or street			Rs.10,000/- (Third
vendors shall			incident)
not sell or
provide	Commerci	Selling of	i. Seizure of SUP products
commodities	al	prohibited SUP	or bags/sheets
to consumer in	establish	items or Selling	ii Cancellation of
	ments	products in	.
carry bags or		plastic bags	Commercial licence
plastic sheet			b concerned Local
		which are not	y
or multi- layered		complying with	Authority.
packaging,		provisions of	iii. Fine Rs.2000/- (I
which are not		PWM Rules	violation);
manufactured			Rs.5000/- (II
and labelled			violation); Rs.
or marked, as			10,000/- (Third
per prescribed			incident)
under these			Above is minimum EC
rules			to be levied for the said violation by the Local body.
			Local already imposing fine to
			continue doing so; if
			the fines are more
			than the minimum specified fines as
			per details given above
	Street	Selling of	Street vendor: Seizure of
	vendor	prohibited SUP	banned SUP items or
		items or Selling	bags/sheets ; Fine
		products in	Rs.200/- (I violation );
		plastic bags	Rs.500/- (II violation) ;
		which are not	Rs.1000/- (Third incident
		complying with	& seizure of trade
		provisions of PWM Rules	documents for violation thereafter.)
			Above is minimum EC
			to be levied for the
			said violation by the
			Local body. Local already imposing fine to continue doing so; if the fines are more

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				than the minimum specified fines as per details given above-
6(1) & (7); 6(2)( a) & 7(a)	Every local body shall be responsible for development and setting up of infrastructure for segregation, collection, storage, transportation , processing and disposal of the plastic waste either on its own or by engaging agencies or producers. Ensuring segregation, collection, storage, transportation , plastic waste and channelizatio n of recyclable plastic waste fraction to recyclers having valid registration; ensuring that no damage is caused to the environment during this process; and ensuring that open burning of plastic waste does not takeplace.	Municipal Commissi oner, Village Panchaya t,	Adequate facilities for plastic waste management (PWM) not provided	i. EC to be levied @ Rs.5000/-per ton of plastic waste. EC to be levied for mismanagement in the PW qty w.e.f March 18, 2016- date of notification of these Rules) ii. EC to be levied @ Rs.10000/- per ton for 2^ndviolation and @ Rs.20000/- per ton for 3^rdviolation) Penalty as per Section 15 of EPA 1986 / The Jan Vishwas (Amendment of Provisions) Act, 2023 as applicable

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6(2)( g) & 7 (c)	Ensuring that open burning of plastic waste does not take place	Person responsibl e for plastic burning Industries	Burning plastic	i. Fine per incident of burning:Rs.5000/- ii. Fine per incident of bulk burning Rs.25000/- Above is minimum EC to be levied for the said violation by the Local body. Local already imposing fine to continue doing so; if the fines are more than the minimum specified fines as per details given above Penalty as per Section 15 of EPA 1986 / The Jan Vishwas (Amendment of Provisions) Act, 2023 as applicable
6(4)	The local body to frame byelaws incorporating the provisions of these rules.	Local body	Not framing bye- laws	Penalty as per Section 15 of EPA 1986 / The Jan Vishwas (Amendment of Provisions) Act, 2023as applicable
8(1) (a)	The waste generator shall take	Waste generator	Waste not segregated	iii. Waste generator: Spot fine -Rs.500/- (I violation);
	steps to			Rs.1000/- (II
	minimize generation of			violation); Rs.2,000/- (Third
	plastic waste			violation &
	and segregate plastic waste at source			thereafter) iv.Institutional Waste Generator: Spot fine
				Rs.5000/- (I
				violation); Rs.
				10,000/- (II
				violation); Rs.
				20,000/- (Third
				violation & thereafter)

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				Above is minimum EC to be levied for the said violation by the Local body. Local already imposing fine to continue doing so; if the fines are more than the minimum specified fines as per details given above iii. Penalty as per Section 15 of EPA 1986 / The Jan Vishwas (Amendment of Provisions) Act, 2023 as applicable
8(1) (b)	The waste generator shall Not litter the plastic waste	Waste generator	Waste littered	i. Waste generator: Spot fine - Rs.500/- (I violation); Rs.1000/- (II violation); Rs. 2,000/- (Third violation & thereafter)
				ii. Institutional Waste Generator: Spot fine Rs.5000/- (I violation); Rs.10,000/- (II violation); Rs. 20,000/- (Third violation & thereafter)
				Above is minimum EC to be levied for the said violation by the Local body. Local
				already imposing
				fine to continue doing so; if the fines are more than the minimum specified fines as per details given above
				iii. Penalty as per Section 15 of EPA 1986 /

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				The Jan Vishwas (Amendment of Provisions) Act, 2023as applicable
10( 6)	The interim test report shall be obtained from the Central Institute of Petrochemical Engineering and Technology or a laboratory recognized under the Laboratory Recognition Scheme, 2020, of the Bureau of Indian Standards or laboratories accredited for this purpose by the National Accreditation Board for Testing and Calibration Laboratories, and they shall certify the biodegradatio n of plastic is in line with IS 17899 T:2022. “Provided that where testing of biodegradable plastic had commenced prior to the registration of	Manufact urer	Failure of final testing of the sample as per IS:17899 T:2022	To be determined after finalization of standards for biodegradable plastic by BIS. Until then, EC will be assessed on a case- bycase basis, similar to other plastic categories.

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	a laboratory, and the report is in conformity with IS 17899 T:2022, the Central Pollution Control Board shall ask the applicant forretesting and permit the production or usage of such biodegradable plastic, till the period the test report is received from duly recognized laboratory subject to furnishing of bank guarantee equal to the amount of Environment Compensation leviable under rule 18: Provided further that the bank guarantee shall be forfeited if the result of such test does not conform to IS 17899 T:2022.”
11( 1)	Marking or labelling. – (1) Each plastic carry	Manufact urer/Prod ucer/Bran d owner	i. Cancellation of Registration/CPCB certificate. ii. Fine Rs.2000/- (I violation);

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bag “plastic	Rs.5000/-	(II
packaging”	violation);	Rs.
and multi-	10,000/-	(Third
layered	incident)
packaging
shall have the
following
information
printed in
English namely, -
a. name,
registration
number of the
producer or
brand owner
and thickness
in case of
carry bag and
plastic
packaging.
b. name and
registration
number of the
manufacturer
producer or
brand owner
in case of
multi-layered
packaging,
excluding
multi-layered
packaging
used for
imported
goods: and
c. name and
certificate
number of
producers
[Rule 4(h)] in
case of carry
bags made
from
compostable
plastic

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	d. the importer or producer or brand owner of imported carry bags or multi-layered packaging or plastic packaging, alone or along with the products shall adhere to clause (a) and (b).
13 (2)	Every producer or Importer or brand-owner shall, for the purpose of registration or for renewal of registration, make an application as per the guidelines specified in Schedule -II in Form-I to , guarantee equal to the amount of Environment Compensation leviable under rule 18:	Producer, Brand Owner & Importers	Registration not obtained Shortfall in EPR Target Misreporting in quantity of plastic packaging placed on market and use of recycled plastics Not filling Annual returns Submission of False information Non-compliance of conditions stipulated in Certificate	i. EC to be levied as per EC provision for *Schedule-II*
	i. “The concerned State Pollution Control Board or Pollution Control Committee of the Union territory, if operating one

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	or two States or Union Territories”; or ii. “The Central Pollution Control Board, if operating in more than two States or Union Territories”.
13( 3)	Every person recycling or processing waste or proposing to recycle or process plastic waste shall make an application to the State Pollution Control Board or the Pollution Control Committee, for grant of registration or renewal of registration for the recycling unit, in Form II as per the guidelines specified in Schedule –II	Plastic Waste Processor s	Registration not obtained Misreporting in quantity of plastic packaging placed on market and use of recycled plastics Not filling Annual Returns Submission of False Information Non- compliance of conditions stipulated in Certificate	i. EC to be levied as per EC provision for *Schedule-II*
13(4) & 4(e)	13(4) Every manufacturer engaged in manufacturer of plastic to be used as raw material by the producer shall make an	Manufact urer	Unit operating without Registration	i. Closure of unit ii. EC to be levied @ Rs.2500/- per ton of plastic raw material manufactured from the date of inception of the unit or date of notification of PWM

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	application to the State Pollution Control Board or the Pollution Control Committee of the Union territory concerned, for the grant of registration or for the renewal of registration, in Form III.			Rules (March 18, 2016) whichever is later (EC to be levied @ Rs.5000/- per ton for 2nd violation and @ Rs.10000/- per ton for 3^rd violation & violation thereafter) iii. Penalty as per Section 15 of EPA 1986 / The Jan Vishwas (Amendment of Provisions) Act, 2023 as applicable
	4(e) The manufacturer shall not sell or provide or arrange plastic to be used as raw material to a producer, not having valid registration from the concerned State Pollution Control Boards or Pollution Control Committee;	Manufact urer	Raw material sold to producers not having registration from SPCB	i.EC to be levied @ Rs.2500/- per ton of plastic raw material sold to unregistered producers from the date of notification of PWM Rules (March 18, 2016) whichever is later (EC to be levied @ Rs.5000/- per ton for 2^ndviolation and @ Rs.10000/- per ton for 3^rdviolation & Closure of unit thereafter)
17(2)	Every local body shall prepare and submit an annual report in Form –V to the concerned Secretary-in- charge of the Urban Development Department under	Municipal Commissi oner	Non submission/inc omplete information for Annual report with in stipulated time frame	Penalty as per Section 15 of EPA 1986 / The Jan Vishwas (Amendment of Provisions) Act, 2023as applicable.

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	intimation to the concerned State Pollution Control Board or Pollution Control Committee by the 30th June, every year;
17(3)	Each State Pollution Control Board or Pollution Control Committee shall prepare and submit an annual report in Form VI to the CPCB on the implementatio n of these rules by the 31st July, of every year; and	Member Secretary	Non- submission/ Incomplete information for Annual report with in stipulated time frame	Penalty as per Section 15 of EPA 1986 / The Jan Vishwas (Amendment of Provisions) Act, 2023as applicable. ”

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The above guidelines are required to be strictly followed.

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Having regard to the above analysis, we dispose of the OA with the following directions:-

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(i) A joint committee comprising of representatives of Member Secretary, Punjab Pollution Control Board (PPCB), Central Pollution Control Board (CPCB), Commissioner, Municipal Corporation, Jalandhar and District Magistrate, Jalandhar is formed. The representative of District Magistrate, Jalandhar will be the nodal agency in the joint committee. The Committee will carry out the combing operation within the limits of Municipal Corporation, Jalandhar to find out the units involved in the

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manufacture of prohibited/banned SUP items and will take action for closure of such activities and imposition of penalty/environmental compensation by following due procedure of law.

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(ii) Municipal Corporation, Jalandhar will ensure a portal in its website for filing the complaint relating to the use of prohibited SUP items and on receipt of such complaints, prompt remedial and punitive action will be taken.

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(iii) Commissioner, Municipal Corporation, Jalandhar, District Magistrate, Jalandhar and PPCB will intensify the drive to check the use of prohibited SUP items within the limits of Municipal Corporation, Jalandhar.

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(iv) CPCB will explore the possibility of making a recommendation for banning the import/use of machinery producing prohibited SUP items and if such a recommendation is made, competent authority will duly consider it and take appropriate decision.

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OA is accordingly disposed of.

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Prakash Shrivastava, CP

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Dr. A. Senthil Vel, EM

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Dr. Afroz Ahmad, EM

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March 10, 2026 Original Application No. 1258/2024 JG.

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Action Group Against Plastic Pollution through Dr Pallavi Khanna v. State of Punjab

Case brief

What is this about?

What did the court decide?

Action Group Against Plastic Pollution through Dr Pallavi Khanna v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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