Isabella Mariam

The Division Bench of Chief Justice Sunita Agarwal and Justice D.N. Ray of the Gujarat High Court has issued firm directions to the State Monitoring Committee and the Commissioner of Municipalities to ensure strict compliance with the Plastic Waste Management Rules, 2016 across all Nagarpalikas in the state. The court mandated a coordinated meeting with the Chief Officers of all Nagarpalikas to establish enforceable timelines for the installation of Material Recovery Facilities (MRFs) and the execution of agreements with registered plastic waste processing units. It was unequivocally held that Chief Officers shall be personally liable with penal consequences if they fail to comply with these directives within the stipulated timeframe.

This matter was initiated through a Public Interest Litigation filed by Mr. Amit M. Panchal, appearing as party-in-person, raising concerns about the inadequate implementation of the plastic waste management framework by Nagarpalikas and Municipal Corporations across Gujarat. In response to an earlier court order dated April 25, 2025, the Gujarat Pollution Control Board (GPCB) submitted an affidavit outlining the status of compliance in 91 Nagarpalikas. According to the affidavit, 65 Nagarpalikas had installed MRFs, though three were not operational. Among the operational units, 39 functioned manually, 21 were mechanized, and five operated in dual mode. Only 32 Nagarpalikas had signed Memorandums of Understanding (MOUs) with registered Plastic Waste Processors. Meanwhile, 26 Nagarpalikas had no MRFs, though three of them had facilities under construction and one had engaged a private agency for processing legacy waste. Notably, 25 Nagarpalikas had not submitted any data on plastic waste generation, and 59 had not executed MOUs with any registered processor. Consequently, the GPCB had issued 88 show-cause notices for these failures.

Also Read: Section 39 Specific Relief Act Not A Tool To Bypass Policy Conditions | Supreme Court Explains Principles For Grant Of Mandatory Injunction In Oustee Plot Cases

In a bid to promote environmentally sustainable practices, the GPCB had launched two initiatives: the installation of Cloth Bag Vending Machines in prominent areas of Ahmedabad and Surat, and the deployment of 24 Reverse Vending Machines across Gujarat for the collection and recycling of plastic bottles. These measures were presented in the affidavit as examples of proactive efforts in alignment with the objectives of the Plastic Waste Management Rules. The GPCB, along with the State Monitoring Committee, reaffirmed their commitment to continue collaborating with local authorities to achieve full compliance.

After assessing the affidavit and overall progress, the court expressed its dissatisfaction with the current state of implementation. It noted that despite multiple opportunities and statutory obligations, several Nagarpalikas had failed to initiate even the most basic steps in plastic waste management. In its oral order dated July 18, 2025, the court directed the State Monitoring Committee and the Commissioner of Municipalities to convene a meeting with all Chief Officers of Nagarpalikas. In that meeting, specific and practical timelines must be developed for the installation of MRFs and for formalizing MOUs with registered plastic waste processing units.

The Bench held that “The Chief Officer of Nagarpalika shall be personally made liable with penal consequences, in case of defiance of the timeline, which shall be duly worked out by the State Monitoring Committee.” It further ordered that a joint response must be filed in the form of a personal affidavit by the Commissioner (Administration) on the next hearing date.

Also Read: Calling J&K ‘Occupied Territory’ And Demanding Secession Is Unlawful Activity | J&K High Court Restores UAPA Charges After Trial Court’s Discharge Held Legally Unsustainable

The court also turned its attention to the eco-friendly efforts and urged wider adoption. It directed that the eight Municipal Corporations in the state must emulate the GPCB’s initiatives by installing cloth bag vending machines and reverse vending machines in areas with high public footfall. Municipalities that manage prominent tourist destinations such as Dwarka and Somnath were specifically called upon to replicate these models in regions frequented by visitors.

Additionally, the court stated the need for municipal leadership in curbing the plastic waste menace. It stated that Municipal Commissioners must not only ensure rule-based compliance but also take proactive steps such as organizing awareness workshops in schools under their jurisdiction. This, the court observed, would contribute meaningfully to the Central Government's ‘Swachh Bharat Mission’, reinforcing the national campaign through local-level implementation.

The matter has been listed for further proceedings on September 12, 2025, by which time the court expects tangible progress and accountability from all concerned parties.

Advocates Representing the Parties:

For the Respondents: Ms. Devangi Solanki, Amicus Curiae, Mr. Kamal Trivedi, Advocate General with Mr. Vinay Bairagra, AGP Mr. Mitesh Amin, Senior Advocate with Mr. H.S. Munshaw, Mr. Siddhant R. Shah, Ms. Manisha Lavkumar Shah, Senior Advocate with Mr. Siddharth S. Rami

Case Title: Amit Manibhai Panchal v. State of Gujarat & Ors.

Case Number: Writ Petition (PIL) No. 6 of 2023

Bench: Chief Justice Sunita Agarwal and Justice D.N. Ray