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2004 DIGILAW 1316 (SC)

RESEARCH FOUNDATION FOR SCIENCE (17) v. UNION OF INDIA

2004-09-24

D.M.DHARMADHIKARI, Y.K.SABHARWAL

body2004
ORDER 1. COPY OF THE APPLICATION BE GIVEN DURING THE COURSE OF THE DAY TO MR A D.N. GOBURDHUN. SUCH OF THE PARTIES WHO WISH TO RESPOND MAY RESPOND TD THE APPLICATION. DSIDC SHALL POSITIVELY FILE REPLY WITHIN TWO WEEKS. 2. LIST THE IA ON 8-10-2004. 3. MR SANJAY PARIKH, ADVOCATE, HAS BROUGHT TO OUR NOTICE THE ASPECT HIGHLIGHTED IN THE APRIL AND MAY 2004 REPORTS OF THE MONITORING COMMITTEE. B LEARNED COUNSEL HAS ALSO HANDED OVER A NOTE INTER ALIA CONTAINING DETAILS OF THE DIRECTIONS REQUIRED TO BE ISSUED FOR IMPLEMENTATION OF THE DIRECTIONS AS CONTAINED IN THE ORDER DATED 14-10-20031. AN ACTION PLAN CONTAINING THE ACTIVITY, THE TIME-FRAME AND COMMENTS ON ACTION PLAN BASED ON THE MONITORING COMMITTEE REPORTS (SECOND AND THIRD) ALSO IS SUBMITTED IN THE COURT. COPIES OF THESE DOCUMENTS HAVE BEEN GIVEN TO LEARNED ADDITIONAL SOLICITOR GENERAL MR P.P. MALHOTRA. OUR ATTENTION HAS ALSO BEEN DRAWN TO THE DIFFICULTIES SAID TO BE FACED AS A RESULT OF THE HAZARDOUS WASTES (MANAGEMENT AND HANDLING) AMENDMENT RULES, 2003. REFERENCE HAS BEEN MADE, TO THE REPORT OF APRIL 2004 (FEBRUARY 2004 TO APRIL 2004) WHICH, INTER ALIA, NOTICES THAT THE PRESENCE OF PLASTIC IS PROVIDING A FORMIDABLE OBSTACLE TO THE IMPLEMENTATION OF THE MW RULES, 2000. THE COMMITTEE STATES THAT PLASTIC SCRAP HAS BECOME A MAJOR PROBLEM AFFECTING ENVIRONMENT, ANIMALS AND WILDLIFE. DIRECTION IS SOUGHT AGAINST THE MINISTRY OF ENVIRONMENT AND FORESTS TO RAISE THE BAN ON PLASTIC CARRY BAGS FROM 22 TO 40 MW AS HAS ALREADY BEEN DONE IN THE STATES OF GOA AND WEST BENGAL WHICH IT IS STATED WILL REDUCE THE ENTRY OF PLASTIC SCRAP IN THE ENVIRONMENT AND WOULD ALSO LEAD TO BETTER UTILISATION OF PLASTIC. 4. WE ARE OF THE VIEW THAT IT WOULD BE APPROPRIATE IF MR PARIKH SITS WITH LEARNED ADDITIONAL SOLICITOR GENERAL ALONG WITH THE OFFICERS OF THE MINISTRY OF ENVIRONMENT AND FORESTS SO THAT AT FIRST INSTANCE; AN ATTEMPT THE MADE TO SORT OUT SOME ASPECTS AND TIMELY ACTION CAN BE TAKEN. LET THAT BE DONE WITHIN A PERIOD OF TWO WEEKS AND THE MATTERS BE CALLED THEREAFTER. 5. THE QUESTION RELATING TO THE DISPOSAL OR OTHER DIRECTIONS WHICH MAY BE REQUIRED TO BE ISSUED IN REGARD TO WASTE OIL BE LISTED FOR HEARING ON A NON-MISCELLANEOUS DAY IN THE MONTH OF OCTOBER/NOVEMBER 2004. 6. LET THAT BE DONE WITHIN A PERIOD OF TWO WEEKS AND THE MATTERS BE CALLED THEREAFTER. 5. THE QUESTION RELATING TO THE DISPOSAL OR OTHER DIRECTIONS WHICH MAY BE REQUIRED TO BE ISSUED IN REGARD TO WASTE OIL BE LISTED FOR HEARING ON A NON-MISCELLANEOUS DAY IN THE MONTH OF OCTOBER/NOVEMBER 2004. 6. MR PARIKH FURTHER POINTS OUT THAT DPCC HAS NOT COMPLIED WITH THE DIRECTIONS OF THE COURT IN RESPECT OF THE UNITS WHICH ARE RUNNING WITHOUT AUTHORISATION. MR GOBURDHUN STATES THAT HE WILL LOOK INTO THE MATTER. THIS ASPECT WOULD ALSO BE CONSIDERED ON THE NEXT DATE. COURT MASTERS