Introduction:
In a significant move towards promoting sustainable waste management and combating the plastic menace, the Gujarat High Court has directed eight municipal corporations in the state to adopt eco-friendly initiatives on the lines of the Gujarat Pollution Control Board (GPCB). The division bench of Chief Justice Sunita Agarwal and Justice DN Ray, while hearing a Public Interest Litigation (PIL) filed by Amit Manibhai Panchal v. State of Gujarat & Ors., emphasized that the municipal authorities must take proactive measures to emulate the installation of cloth bag vending machines and reverse vending machines for collecting plastic bottles, an initiative already implemented in Ahmedabad and Surat. The court further directed municipalities managing popular tourist spots such as Dwarka and Somnath to set up these facilities at locations with heavy tourist footfall. The PIL was filed to address the persistent issue of plastic waste disposal around the temples on Girnar hill in Junagadh, an eco-sensitive zone. Highlighting the constitutional responsibility of municipal corporations to maintain public health and cleanliness, the court stressed that the civic bodies should not merely adhere to the statutory requirements under the Plastic Waste Management Rules, 2016, but must also focus on awareness programs, workshops, and effective implementation of the Central Government’s “Swachh Bharat Mission.”
Arguments by the Petitioner:
The petitioner, a concerned environmental activist, argued that the failure to properly dispose of plastic waste in and around the Girnar hill area was causing severe environmental damage. It was contended that Girnar hill, being an eco-sensitive zone, required strict adherence to environmental protection norms, and the lack of a proper plastic waste management system had resulted in the accumulation of non-biodegradable waste, posing a threat to the local ecosystem and biodiversity. The petitioner submitted that the continued neglect by local authorities in implementing the Plastic Waste Management Rules, 2016, not only violated environmental regulations but also posed a public health hazard due to the harmful impact of plastic waste on soil, water, and wildlife.
The petitioner highlighted that several nagarpalikas (municipalities) across Gujarat had either failed to install Material Recovery Facilities (MRFs) or had not signed Memorandums of Understanding (MOUs) with registered plastic waste processors, resulting in unregulated disposal of plastic waste. The petitioner urged the court to direct municipal corporations and tourist municipalities like Dwarka and Somnath to take proactive steps to manage waste effectively. He further argued that installing cloth bag vending machines and reverse vending machines would not only encourage people to switch from single-use plastics but would also ensure proper collection and recycling of plastic bottles. The petitioner cited the successful initiatives of Ahmedabad and Surat, where the GPCB had already taken pioneering steps to reduce plastic waste by installing vending machines and promoting eco-friendly alternatives.
Arguments by the Respondents:
The respondents, including the State of Gujarat and GPCB, defended their position by submitting a detailed affidavit outlining the measures already taken to curb plastic waste. The GPCB informed the court that out of 91 nagarpalikas inspected, 65 had installed MRFs, with 21 being mechanized and 39 operated manually, while three were still non-functional. The affidavit revealed that 32 nagarpalikas had signed MOUs with registered plastic waste processors, but 26 had not installed any MRFs, and 25 failed to provide information on plastic waste generation. GPCB assured the court that show-cause notices had been issued to 88 nagarpalikas for their non-compliance.
Furthermore, the GPCB emphasized its commitment to implementing the Plastic Waste Management Rules, 2016, by introducing innovative measures such as the installation of 24 reverse vending machines across the state for collecting plastic bottles and cloth bag vending machines in high-footfall areas like Ahmedabad and Surat. The respondents argued that the State Monitoring Committee and GPCB are continuously working to enforce compliance and improve infrastructure for waste segregation and recycling. However, they also pointed out that the cooperation of municipal corporations is vital for the success of these initiatives.
The State acknowledged that municipalities managing popular tourist destinations like Dwarka and Somnath need to take more robust measures, given the large volume of tourists contributing to plastic waste in these areas. The respondents agreed that further awareness campaigns, particularly in municipal schools, should be conducted to instill a sense of responsibility among the public. They also stated that additional steps would be taken to ensure full compliance with the court’s directions in the coming months.
Court’s Judgment:
After reviewing the submissions from both sides, the Gujarat High Court issued a strong directive to all eight municipal corporations in the state to emulate the GPCB’s initiatives. The bench stressed that plastic pollution was a pressing environmental concern and required collective efforts from all civic bodies. The court instructed the municipal commissioners to identify key areas with high public footfall where vending machines for cloth bags and reverse vending machines for plastic bottle collection should be installed. It also directed municipalities managing tourist hotspots like Dwarka and Somnath to prioritize such installations due to the significant tourist activity in these regions.
The bench underscored that the role of municipal corporations is not limited to infrastructure development but also extends to creating public awareness about the harmful effects of plastic waste. The court highlighted the need for workshops in municipal schools and campaigns to promote eco-friendly practices. The judgment explicitly linked these measures with the objectives of the Central Government’s “Swachh Bharat Mission,” calling for its effective implementation in Gujarat.
The court took note of the detailed affidavit filed by the GPCB and appreciated the initiatives undertaken in Ahmedabad and Surat, where vending machines for cloth bags and reverse vending machines have already been installed. However, it expressed dissatisfaction with the lack of compliance by several nagarpalikas and directed them to act swiftly. It also warned that failure to comply with the directives could result in stricter legal action.
Importantly, the bench emphasized that protecting eco-sensitive zones like Girnar hill is not only a legal obligation but also a moral duty towards future generations. It directed the GPCB to continue monitoring the compliance of municipal bodies and submit periodic progress reports. Furthermore, the court asked the State Monitoring Committee to work closely with municipalities to expedite the implementation of plastic waste management infrastructure, including the operationalization of non-functional MRFs.
The matter has been scheduled for further hearing on September 12, 2025, by which time the court expects significant progress in the installation of vending machines and the signing of MOUs with registered plastic waste processors. The judgment is a crucial step towards building a sustainable waste management ecosystem in Gujarat, especially in areas with high tourist activity where the plastic waste problem is more pronounced.