Parity-based exemption for a 100% export oriented unit granted pending proceedings, subject to strict undertaking compliance.

A 100% export oriented unit was granted exemption from the operation of the Plastic Wastes (Management and Handling) Rules, 2011 during the pendency of the proceedings, on the basis that its position was materially identical to earlier comparable cases involving similarly placed units. Parity between writ petitioners in the same factual situation was maintained, and the relief was made conditional on strict adherence to the undertaking already furnished in the affidavit.

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Issues: Whether the petitioner, a 100% export oriented unit, was entitled to the same exemption from the operation of the Plastic Wastes (Management and Handling) Rules, 2011 as had been granted in earlier comparable proceedings, pending disposal of the writ petition.

Analysis: The petitioner's case was treated as materially identical to earlier proceedings concerning similarly placed 100% export oriented units. The Court proceeded on the basis that parity should be maintained between writ petitioners placed in the same factual position. The exemption was granted only during the pendency of the proceedings and was linked to the petitioner's undertaking to abide strictly by the terms already furnished in its affidavit.

Conclusion: The petitioner was granted exemption from the operation of the Plastic Wastes (Management and Handling) Rules, 2011 during the pendency of the proceedings, subject to adherence to the undertaking furnished.

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