Home Legal News [Show Cause Notice to Flipkart and Patanjali] Flipkart and Patanjali Recieve Show Cause Notice for Closure of Operations and Environmental Compensation

[Show Cause Notice to Flipkart and Patanjali] Flipkart and Patanjali Recieve Show Cause Notice for Closure of Operations and Environmental Compensation

by Shreya
Show cause notice to Flipkart and Patanjali Kanooniyat

In a report submitted to the National Green Tribunal, the The Central Pollution Control Board (CPCB) has said that show cause notice have been issued to Flipkart and Patanjali for closure of their operation and environmental compensation.

In a report submitted to the National Green Tribunal, the CPCB has said that show cause notice to Flipkart and Patanjali under Section 5 of the Environment (Protection) Act, 1986, has been issued to these units on October 8, for closure of their operation and environment compensation for non-compliance of provisions of Plastic Waste Management (Amendment) Rules 2018.

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The order was passed (on 10th September) by the NGT in two original applications seeking enforcement of ‘Extended Producer Responsibility’ under the Plastic Waste Management Rules, 2016 vis-à-vis the Respondent-companies namely: Amazon, Flipkart Coca-Cola India, Hindustan Coca-Cola Beverages, PepsiCo India, Bisleri International, Parle Agro, Patanjali Peya, Nourish CoBeverages Ltd. (Himalayan Water), Indian Railway Catering & Tourism

As per the report submitted by the CPCB before the NGT, it has taken the following Actions in compliance with the Directions of NGT:

(a) Show Cause Notice to Flipkart and Patanjali served for Closure of operations & Levying EC: It has been submitted by the CPCB in its report that two firms namely M/s. Patanjali Peya Pvt. Ltd. & M/s. Flipkart Private Limited, are not registered with CPCB and they have not responded to CPCB’s communications on the matter.

Accordingly, the report states, Show Cause Notice to Flipkart and Patanjali under Section 5 of the Environment (Protection) Act, 1986 (dated October 08, 2020) have been issued to these units for the closure of their operation and for levying of Environment Compensation for non-compliance of provisions of PWM Rules, 2018.

(b) Show Cause Notice to Flipkart and Patanjali for Levying Environment Compensation (EC): The CPCB has stated in its report that four firms namely M/s. Hindustan Coca-cola Beverages Pvt. Ltd., M/s. Pepsico India Holding Pvt. Ltd., M/s. Bisleri International Pvt. Ltd., & M/s. NourishCo Beverages Ltd. are registered with CPCB.

However, the report states, they have not provided information for evidence-based assessment of implementation of Action Plan for the fulfilment of Extended Producer Responsibility (EPR) liability.

Accordingly, it has been submitted by CPCB that show Cause Notice under Section 5 of the Environment (Protection) Act, 1986 dated October 08, 2020 (Annexure 111- VI) has been issued to these firms for levying of Environment Compensation for non-compliance of provisions of PWM Rules, 2018.

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(c) Registration of Firms: It has been mentioned in the report that 4 firms namely M/s Amazon Seller Service Pvt. Ltd, M/s. Coca-cola India Pvt. Ltd., M/s. Parle Agro Pvt. Ltd., M/s. Indian Railway Catering & Tourism Corp. Ltd. have been recently granted registration by CPCB as Brand Owner/producer under Plastic Waste Management (PWM) Rules, 2018.

The report states that they are required to submit quarterly progress reports and comply with conditions stipulated in the Registration certificate issued to them

(d) Environmental Audit: The report further states that the NGT has observed that CPCB may consider ordering Environmental Audit against these 10 firms and so CPCB held deliberations with expert agencies on the matter.

Since, the report maintains, it will be for the first time that such an Audit shall be conducted, a committee has been constituted to deliberate and suggest a mechanism for conducting Environmental Audit as well as specify the agencies which can be engaged for such Audits.

Action taken w.r.t other Producers/Brand-owners

The report also states that directions under Section 5 of Environment (Protection) Act, 1986 dated October 06, 2020 have been issued to all SPCBs/PCCs for identification of the Brand owners/ producers who are operating without Registration from SPCB/PCC/ CPCB in their State/UT and to take action against the defaulting units as per provisions of PWM Rules, 2018 which may include the closure of their operations, and levying Environmental Compensation.

Further, the report clarifies that CPCB receives applications for Registration under Rule 13(2) of PWM Rules. Applications are examined by CPCB and clarification/information, if any, are communicated to the applicants.

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