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1999 DIGILAW 1175 (SC)

Research Foundn For Science v. Union Of India

1999-09-24

B.N.KIRPAL, S.RAJENDRA BABU, V.N.KHARE

body1999
ORDER 1. Pursuant to the orders dated 10-12-1999: 1. Despite the order dated 24-9-1999: lANo.ll 1. Affidavit be filed by Mr P.P. Malhotra on behalf of Ministry of Labour within a week with a copy to Mr Sanjay Parikh who may give his response within two weeks thereafter. The affidavit along with the response should then be sent to the High-Power Committee for its consideration with regard to Term of Reference No. (iv). The report may be given within four weeks of the Committee receiving the said affidavit/response. lA No. 12 2. Issue notice. Mr Altaf Ahmed, Additional Solicitor General accepts notice on behalf of Ministry of Environment and Forests. Direction is given to the Ministry of Environment and Forests to render proper and effective assistance and support to the High-Power Committee so as to enable the Committee to complete its work at the earliest. lA is disposed of. 3. With regard to the term contained in p. 13 of the Report of the High-Power Committee, the said Report gives the recommendations. The other terms of reference contained in the Notification dated 17-10-1997 have yet to be dealt with and reports submitted by the High-Power Committee. Now that direction has been issued to the Ministry of Environment and Forests to render all assistance in the manner required by Prof. Menon, it is hoped that the final reports will be submitted at the earliest. Mr Vijay Panjwani has drawn our attention to the letter dated 30-7-1998 (p. 209 of the Report) in which it is stated that the High-Power Committee was expected to give its recommendations by January 1999. Perhaps because full assistance was not rendered, the reports which were proposed have not been finalised. It is hoped that these reports will be submitted without much delay. 4. To come up for further orders on 10-12-1999. having been passed, as often happens once again request is made for time to file affidavit on behalf of the Ministry of Labour, which is a prayer in lA No. 11. On 24-9-1999, the counsel had stated that the said affidavit will be filed within a week. Many weeks have passed but the affidavit has still not been filed. The time of the Court has been wasted. However we grant four weeks time to file the affidavit subject to payment of Rs 5000 as costs. 2. On 24-9-1999, the counsel had stated that the said affidavit will be filed within a week. Many weeks have passed but the affidavit has still not been filed. The time of the Court has been wasted. However we grant four weeks time to file the affidavit subject to payment of Rs 5000 as costs. 2. The Additional Solicitor General has filed in court an affidavit of Dr M. Sengupta. Director, Ministry of Environment and Forests, in which it is prayed as follows: "(i) authorise the Union of India to act on the recommendation of the High-Power Committee with respect to waste lying in the ports/Customs/ICDs. (ii) authorise the Union of India to put into effect the procedure formulated for ensuring proper disposal of materials lying in the ports/Customs/ICDs. (iii) grant time till June 2000 to the High Power Committee to finalise its recommendations on all other terms of reference, and (iv) pass such other order or orders as this Honble Court may deem fit and proper on the facts and circumstances of the case as well as in the interest of justice." 3. The recommendations of the High-Power Committee have been summarised in the said affidavit Mr Sanjay Parikh submits that he objects to the recommendations but is at the present moment not in a position to elaborate the said objections. As far as this Court is concerned, a High-Power Committee has been set up to deal with the problem of hazardous wastes which were lying at various ports of India. It is not in public interest that this type of waste, which admittedly is hazardous, should be permitted to continue to lie for any long period of time. Any adjournment would necessarily have this effect. 4. We, therefore, deem it proper to accept the prayer of the Ministry of Environment and Forests and we authorise the Union of India to act on the recommendation of the High-Power Committee with respect to the wastes lying in the ports/Customs/l CDs. The Central Pollution Control Board will oversee that the recommendations of the High-Power Committee are faithfully followed by the Union ofIndia in respect thereto. 5. The Union of India is also permitted to put into effect the procedure formulated by the High-Power Committee for ensuring proper disposal of materials lying In the ports/Customs/I CDs. 6. The Central Pollution Control Board will oversee that the recommendations of the High-Power Committee are faithfully followed by the Union ofIndia in respect thereto. 5. The Union of India is also permitted to put into effect the procedure formulated by the High-Power Committee for ensuring proper disposal of materials lying In the ports/Customs/I CDs. 6. It is made clear that the Union of India will ensure that the disposal of the hazardous material does not in any way lead to any environmental problems and no pollution should be generated. It is further to be ensured that the material is given only to those industries who fulfil the necessary requirements relating to environmental safety in terms of processing and containment sites for storage/disposal. Furthermore, no disposal should take place in favour of traders. If there is any importer who had imported the hazardous waste against the orders of this Court, then the Union ofIndia should ensure that such an importer does not benefit from such import. 7. If Mr Sanjay Parikh has any suggestions to make with regard to disposal of waste or the procedure to be followed, he may make them by writing a letter to Prof. Menon, Chairman, High-Power Committee with a copy to the Additional Solicitor General. List of importers who made illegal imports should be placed on record by the Union of India along with an affidavit with a copy to Mr Sanjay Parikh within four weeks from today. 8. The High-Power Committee has asked for more time to finalise its recommendations. As requested, time is extended till June 2000. 9. An allegation has been made by "Greenpeace" that some hazardous waste is being ot1loaded at Alang in Gujarat contrary to the orders passed by this Court and no appropriate action is being taken. The Central Pollution Control Board will investigate with regard to the correctness of the allegation and the Union of India will also ensure that the orders passed by this Court banning import of hazardous wastes are faithfully implemented. 10. To come up for further orders in the first fortnight of February 2000. an affidavit of Shri M.S. Azad, Under-Secretary, Ministry of Labour has been filed. 10. To come up for further orders in the first fortnight of February 2000. an affidavit of Shri M.S. Azad, Under-Secretary, Ministry of Labour has been filed. We are not satisfied with the contents of the said affidavit because the number of industries stated to be operating in different States which are processing hazardous wastes as given in the said affidavit do not coincide with the number of such industries as indicated by the Ministry of Environment. It is obvious that Shri Azad has taken no trouble to personally try and find out from reliable sources as to the correctness of the information received, nor has any cross-checking been done either with the Central Pollution Control Board or the Ministry of Environment. 2. Mr Altaf Ahmed, ASG appearing for the Ministry of Environment and the High-Power Committee submits that the particulars of such units will be handed over to Mr P.P. Malhotra, Senior Advocate appearing for the Ministry of Labour. The Ministry of Labour will depute responsible officers to ascertain correct facts and then file an affidavit as required by this Courts order dated 10-12-1999. particulars will be given by the Ministry of Environment within a week and the affidavit be filed by the Ministry of Labour within four weeks thereafter. 3. Mr Altaf Ahmed states that within four weeks a further affidavit will be filed indicating the latest position in compliance with the orders passed by this Court. The Central Pollution Control Board may also file an affidavit within four weeks with regard to the allegations which were made by Greenpeace concerning the hazardous waste being offloaded at Alang in Gujarat. 4. List after five weeks. IA No.3 in CA No. 7660 of 1997 5. Issue notice to the Union of India through the Ministry of Environment. Mr A.D.N. Rao, Advocate accepts notice. Reply be filed within four weeks and rejoinder within one week thereafter. List after five weeks.