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The National Green Tribunal has issued a notice in response to a plea filed by The Citizens Foundation, which alleged that manufacturers of gutkha, pan masala, and tobacco products are violating the Plastic Waste Management Rules, 2016.
The petition alleged that banned plastic packaging materials were still in use and called for the closure of non-compliant manufacturing units, along with the recovery of environmental compensation.
Counsel for the petitioner highlighted that despite an earlier directive from the Central Pollution Control Board (CPCB) — issued on October 22, 2021, under the Environmental Protection Act, 1986 — instructing 25 manufacturers to cease operations unless eco-friendly packaging was adopted, the directive remained unimplemented.
As part of the directive, the CPCB had instructed manufacturers to submit a timeline for transitioning to sustainable packaging materials, and to pay environmental compensation with interest in case of any delays.
Previous reports of CPCB suggested that non-compliance of the directives could lead to seizure of goods, shutting down of the factories, and a levy of Rs 5,000 per ton of plastic used. Offences repeated could attract additional fines of up to Rs 20,000 per ton.
The applicant also cited a 2021 CPCB report detailing enforcement measures under the Extended Producer Responsibility (EPR) regime. According to the report, delayed payment of environmental compensation may incur penalties with annual interest rates ranging from 12 percent to 24 percent.
However, delays exceeding three months could result in factory closures and criminal prosecution under Section 15 of the Environment (Protection) Act, 1986. The National Green Tribunal has scheduled the next hearing for September 26, 2025.