Research Foundation for Science (1) v. Union of India
1997-05-05
B.N.KIRPAL, J.S.VERMA
body1997
DigiLaw.ai
ORDER : J.S. Verma, CJI. 1. The learned Additional Solicitor General stated on instructions that the quantity of hazardous waste generated in the country each day is about two thousand tons. This fact alone indicates sufficiently the magnitude of the problem and the promptitude with which it needs to be tackled before the damage becomes irreversible. There is, therefore, no time to lose. Prompt action is required to be taken not only by the Central Government but also by all the State Governments as well as the Central and the State Pollution Control Boards. It is obvious that there has been considerable inaction so far by all the authorities concerned, including the Pollution Control Boards. Authorisation/permission granted so far without ensuring the availability of the required safe disposal sites is a matter of serious concern and will require further examination to fix the responsibility of persons whose duty it was to ensure availability of safe disposal sites at the time of granting authorisation/ permission. However, it is necessary that suitable directions may be given at this stage to prevent as much damage in the future as possible on account of the unchecked activity of import/generation disposal of hazardous waste in the country. 2. The learned Additional Solicitor General also submitted that appropriate directions by this Court are necessary to ensure performance of duty by the State Governments, the Pollution Control Boards and other authorities concerned. The learned Additional Solicitor General has also submitted a memorandum prepared by the Ministry of Environment and Forests indicating the tasks accomplished by MoEF so far and the proposed action plan by it. 3. In these circumstances, we direct as under: (1) Notice to all the State Governments and the State Pollution Control Boards to file their reply within four weeks of the receipt of the notice of the action taken by them in this behalf, particularly with reference to the identification/notification and availability of safe disposal sites; the steps taken to ensure safe disposal of hazardous waste in their State, particularly while granting any authorisation/permission. They must also indicate the action plan, if any, made by them for tackling the problem relating to hazardous waste. (2) With effect from today no authorisation/permission would be given by any authority for the import which has already been banned by the Central Government or by any order made by any court or any other authority.
They must also indicate the action plan, if any, made by them for tackling the problem relating to hazardous waste. (2) With effect from today no authorisation/permission would be given by any authority for the import which has already been banned by the Central Government or by any order made by any court or any other authority. (3) With effect from today no import would be made or permitted by any authority or any person of any hazardous waste which is already banned under the Basel Convention or to be banned hereafter with effect from the date specified therein. 4. In view of the magnitude of the problem and its impact, the State Governments are also required to show cause why an order be not made directing closure of the units utilising the hazardous waste where provision is not already made for requisite safe disposal sites. Cause be also shown as to why immediate order be not made for the closure of all unauthorised hazardous waste handling units. 5. Notices to the State Governments and the State Pollution Control Boards be served through the Central agency. 6. List the matter on 4-8-1997.