Himachal Pradesh High Court has extended the stay on the notification of the State Government banning 25 food items in plastic packaging including Maggies noodles, chips, biscuits and Kurkure.
This is the fourth such relief granted by the High Court in past 11 months after it had passed an order dated January 10, 2013, in which it had directed the State Government to ban the said items in plastic packaging from April 1, 2013. The first relief was given on April 1 on the State Government’s request for three months and second and third relief was given on July 1 and September 3 respectively on the request of different stakeholders seeking time to reply. The fourth relief is given on Tuesday (November 19) till December 9.
However, the Division Bench comprising Justice Sanjay Karol and Justice Rajiv Sharma further directed the parties to complete the pleadings by December 9, 2013 and clarified that no further adjournment shall be granted. The Court granted further time to the Central Government to file its reply in the matter. The orders were passed on the petitions of Sanyukt Vyapar Mandal Khalini, Indian Biscuits Manufacturers Association NOIDA and Haroli Block Industries Association at Tahliwal Una.
The State Government vide notification dated June 26, 2013, had banned junk food items including chips, Kurkure, biscuits, noodles etc in plastic or non-biodegradable packaging from sale or stocking with effect from July 1, 2013, in compliance to the orders of High Court. The State Government had earlier sought additional time to evaluate the possible consequences that may arise as a result of ban on sale of identified food items and the aspects with respect to relocation of workers, the status of loans obtained by local units, machinery and infrastructure.
The State Government had submitted that the immediate impact of ban will be on 6,000 workers directly employed in 270 local units for manufacturing products. The first time limit granted by the court had expired on June 30 and the Government had gone ahead banning the said 25 food items in plastic packaging with effect from July 1, 2013.
The High Court had decreed imposition of a blanket ban on polythene packaging of junk food and other items excluding milk and vegetable oils. In 2010, the High Court had constituted a Committee headed by the then additional Chief Secretary Sarojini Ganju Thakur to identify food items that are sold in non-biodegradable packets but the report was not found convincing.
Subsequently, the HC had constituted another committee asking it to make a list of junk foods packed in non-biodegradable packs and submit its report on November 30, 2012. This committee too did not submit its report in time. The committee had identified chips, wafers, biscuits, namkeen, candy, chewing gum, ice-cream, chocolates, noodles, sugary cereals, cornflakes, pizzas, burgers, patties and French fries as products available in market in plastic packaging.
The HC had maintained in its earlier orders that sale of such food stuff in biodegradable packaging might slightly raise prices of these items, but paying extra money would be worth to protect the environment.