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Supreme Court of India 2023-10-20 partly_allowed

CUP MANUFACTURES ASSOCIATION vs STATE OF TAMIL NADU & ORS

Bench: 2 — S. Ravindra Bhat, Pamidighantam Sri Narasimha

In Brief

Paper cup manufacturers and non-woven bag producers challenged a Tamil Nadu government ban on single-use plastics. The Supreme Court held that while the state failed to provide pre-decisional hearings as required by rule, exceptional circumstances—including time lapse before implementation and public interest—justified not invalidating the notification. On merits, the court upheld the ban on reinforced paper cups as scientifically justified, despite their 94% paper content, because they are non-biodegradable and difficult to recycle. However, it found the total ban on non-woven bags disproportionate, since they are customizable and reusable. The court remanded the non-woven bag issue to state authorities to consider regulation by weight specification instead of a complete ban, aligning with amended central plastic rules.

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