2016 (11) TMI 502

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.... : Kurian Joseph, J.]. - This writ petition is filed with the following prayers : (i)      Issue writ of mandamus that the exemption contained under Rule 2 of Plastic Wastes (Management & Handling) Rules, 2011 must be available to the petitioner to export its Pan Masala, Gutkha and tobacco in multilayered plastic sachet and also in other packages containing plastic. (ii)    Issue writ of certiorari or any order, writ or direction in the nature of certiorari quashing the impugned Rules 5(d) and 5(g) contained in Plastic Waste (Management & Handling) Rules, 2011 as amended vide notification dated 2-7-2011; and/or (iii)   Issue a writ of mandamus or any other appropriate writ, order or....

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....Plastic Wastes (Management and Handling) Rules, 2011 (in short 'the 2011 Rules'). The learned Senior Counsel for the petitioner rests his case on that Order seeking parity of treatment between both the sets of writ petitioners. Learned Senior Counsel appearing for the respondents submits that learned Additional solicitor General was not authorised to make the 'Exemption Statement' recorded in the Order dated 3-9-2013 since the stand is that the Ministry itself is not competent or empowered to grant any exemption. It is further submitted that for these reasons that a Review has been filed. In the course of hearing yesterday as well as today it has been vehemently contended by the learned Senior Counsel for the petitioner that the exist....