The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to the discovery of 6,00,000 fake Extended Producer Responsibility (EPR) certificates by Central Pollution Control Board (CPCB) from audits at four plastic-recycling companies in Gujarat, Maharashtra and Karnataka.
The Petition is registered suo-moto on the basis of the news item dated 14.07.2024.
As per the article, These EPR certificates are used by companies that utilize plastic packaging to meet legal obligations by ensuring a percentage of the plastic they use is recycled.
The news item highlights that CPCB found that these companies claimed to generate far more certificates than their actual recycling capacity allowed.
It is further stated that the recycling companies generated and sold fake EPR certificates without actually recycling the corresponding amount of plastic waste. This fraudulent activity was detected through physical inspections by the CPCB, which revealed discrepancies between the claimed recycled quantities and the companies’ actual capacities and sales records. This malpractice undermines the integrity of the EPR scheme, which is designed to promote the recycling of plastic waste. As a result, many companies that purchased these fake certificates may not have met their recycling obligations, leading to potential environmental harm due to the non recycling of significant amounts of plastic waste.
The news item raises substantial issue relating to compliance of the environmental norms, especially compliance of Environment Protection Act, 1986 and the Plastic Waste Management Rules, 2022.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
Hence, Principal Bench of Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
(1). Central Pollution Control Board, through its Member Secretary.
(2). Ministry of Environment, Forest & Climate Change (Maharashtra)
(3). Ministry of Environment, Forest & Climate Change (Gujarat).
(4). Ministry of Environment, Forest & Climate Change (Karnataka).
The Bench issued notice to the Respondents.
In view of the fact that the place of accrual of cause of action lies within jurisdiction of the Central Zone Bench of the Tribunal at Bhopal , therefore, the Bench transferred the matter to the Central Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Central Zonal Bench and the matter is listed on 08.11.2024.