The All India Plastic Industries Association called the January 7 notification issued by the Department of Environment and Forests and Wildlife under the Delhi Degradable Plastic Bag Act, 2008, as “arbitrary” and in complete contradiction of the law. The association argued that the notification is contrary to earlier ones on June 2, 2005 and May 25, 2006, which allowed use of degradable plastic bags in “certain places”.

“Those notifications had in no way contemplated a total ban,” the petition says.

A division bench headed by Justice Madan B Lokur sought the government’s reply by March 19, the next date of hearing.

The petitioner contended that the ban was in violation of the August 2008 Delhi High Court order restricting the ban to “main markets, local shopping centres, hotels, hospitals and malls”. “The Lieutenant Governor totally overlooked the requirement in the High Court judgment saying that manufacturing of bags with certain specifications would be allowed, and proceeded with a complete ban,” the petition states.