Unauthorized Plastic/Flex Billboards: Municipal Corporation & MoEFCC’s Role – An Analysis

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..... Unauthorized Plastic/Flex Billboards: Municipal Corporation & MoEFCC’s Role – An Analysis
By: - YAGAY andSUN
Environmental Law
Dated:- 16-5-2025
Here's an analytical overview of whether the Ministry of Environment, Forest and Climate Change (MoEFCC) can take action against unauthorized plastic/flex billboards, especially in the context of the responsibilities of Municipal Corporati .....

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..... ons: 1. Legal Background and Key Stakeholders Unauthorized plastic and flex billboards are a form of solid waste and visual pollution, often violating urban planning, advertising, and environmental norms. Key Authorities Involved: * Municipal Corporations: Regulate outdoor advertising, urban aesthetics, and enforce local bye-laws. * MoEFCC: Central authority responsible for formulating envi .....

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..... ronmental policies, including plastic waste and visual pollution norms. 2. Legal Instruments Governing Flex/Plastic Use A. Municipal Corporation Acts / Urban Local Bodies Rules * Provide the primary authority to regulate advertising structures, issue permissions, and take removal or penalty action on unauthorized billboards. * Many municipalities have Outdoor Advertising Policies prohibiting .....

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..... plastic flex banners or mandating eco-friendly materials. B. Plastic Waste Management Rules, 2016 (amended in 2021 & 2022) - MoEFCC * Issued under the Environment (Protection) Act, 1986. * Bans specific single-use plastic (SUP) items including plastic banners and flex below 100 microns. * Makes producers, importers, and brand owners (PIBOs) responsible for waste under Extended Producer Res .....

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..... ponsibility (EPR). C. Environment (Protection) Act, 1986 - MoEFCC * Empowers the MoEFCC to issue directions to industries, authorities, and individuals regarding environmental pollution. * Section 5 empowers the Central Government (via MoEFCC) to prohibit, regulate, or close activities causing environmental harm. 3. MoEFCC's Potential Role and Authority Function Can MoEFCC Act? Basis Reg .....

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..... ulating use of plastic in billboards ✅ Yes Plastic Waste Mgmt. Rules, 2016 Penalizing illegal plastic use ✅ Yes Under EP Act, 1986 Taking suo motu action on flex boards ⚠️ Limited Requires local authority coordination Directing State PCBs or CPCB to act ✅ Yes Under Central supervision and delegation powers Directing Municipalities to act ✅ Yes Via .....

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..... MoEFCC's coordination powers under EP Act 4. Case Laws and Precedents * Almitra H. Patel v. Union of India (2000): Supreme Court emphasized coordination between MoEFCC, CPCB, and local bodies for solid waste. * Plastic Waste Management Rules Enforcement Orders (NGT): NGT has repeatedly held that the MoEFCC and CPCB must ensure enforcement by municipalities. 5. Practical Enforcement Mech .....

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..... anism * MoEFCC issues policy frameworks and national bans. * CPCB/SPCBs enforce compliance at the state and industrial levels. * Municipal Corporations implement bans, remove unauthorized flex boards, and penalize violators. * Coordination is key: MoEFCC can issue guidelines, initiate environmental audits, and direct state governments/municipalities under statutory authority. 6. Recommend .....

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..... ations * MoEFCC should: * Enforce EPR against flex manufacturers and advertisers. * Strengthen coordination with Urban Development Ministry and Local Bodies. * Issue updated circulars banning plastic flex use in urban advertising. * Collaborate with CPCB/SPCBs to create accountability frameworks. * Municipalities should: * Integrate MoEFCC guidelines into outdoor advertising policies .....

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..... . * Impose strict penalties for unauthorized and polluting billboards. * Promote eco-friendly alternatives (e.g., cloth, paper-based banners). Conclusion While the primary enforcement responsibility lies with Municipal Corporations, the MoEFCC has clear legal authority and tools to regulate and take action against unauthorized plastic/flex billboards under the Plastic Waste Management Rules .....

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..... and Environment (Protection) Act. Effective action requires coordinated governance between the Centre and local bodies, supported by clear policy directives and enforcement mechanisms.
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