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2012 DIGILAW 266 (SC)

Research Foundn. For Science v. U. O. I.

2012-02-29

ALTAMAS KABIR, J.CHELAMESWAR

body2012
ORDER : I.A.6 of 1997 in WP(C)No.657 of 1995 1. This application was filed on behalf of M/s.Travancore Titanium Products (TTP) Ltd. on 21st August, 1997(by Ms.Malini Poduval, Advocate), for impleadment. 2. Since the main matter has already been heard out, and the application has been pending for so long, the same is dismissed as having become infructuous. I.A.No.7 of 1997 and I.A.8 of 1997 3. Similarly, I.A. Nos.7/97 and 8/97 were filed on behalf of the Rajasthan Pollution Control Board on 29th August, 1997 (by Mr.K.B. Rohatgi,advocate, for the applicant-Board), for appropriate directions and exemption from filing official translation, respectively. 4. There will be a similar order as passed in I.A.6/97, as far as these I.As. are concerned. I.A.No.9 of 1997 5. This application was filed on behalf of petitioner on 1st December, 1997(by Mr.Sanjay Parikh,AOR), for directions. 6. There will be a similar order as passed in I.A.6/97, as far as this I.A. is concerned. I.A.No.15 OF 2004 7. This application was filed on behalf of petitioner on 22nd September, 2004, (by Mr.Pramod Swarup(then AOR,now learned sr.adv.), for impleadment and directions. 8. There will be a similar order as passed above in I.A.6/97,etc. as far as this I.A. is concerned. I.A.No.18 of 2005 9. This application filed on behalf of the Govt.of NCT of Delhi, through the Department of Environment, Delhi Secretariat, New Delhi, on 21st February, 2005, for directions(by Mr. D.N. Goburdhun, advocate) is not pressed. Accordingly, the same is dismissed as not pressed. I.A.No.19 of 2005 10. This application was filed on behalf of M/s. Ludhiana Refineries, applicant/Notice No.8, on 20th May, 2005,(by Ms. S. Janani, advocate)for clarification/direction. 11. There will be a similar order as passed above in I.A.6/97,etc. as far as this I.A. is concerned. 12. I.A.24 of 2006 (for impleadment and directions, by Laghu Udyog Bharati) 13. I.A.25 of 2006 (for impleadment/modification/directions, by M/s.Sosiya Shipbreakers Association) 14. I.A.26 of 2006 in I.A.25/2006 (for placing addl. documents on record, by M/s. Sosiya Ship breakers Association) 15. I.A. 29 of 2006( for directions by Gopal Krishna) 16. I.A. 32 of 2006 (for directions, by Gopal Krishna) 17. I.A. 31 of 2006 (for grant of extension of time on behalf of the Union Ministry of Environment & Forests) 18. I.A. 33 of 2006(for further directions by Technical Committee on Shipbreaking) 19. I.A. 37 of 2007 (for condonation of delay, by petitioner Mr.Sanjay Parikh,adv.) 20. I.A. 32 of 2006 (for directions, by Gopal Krishna) 17. I.A. 31 of 2006 (for grant of extension of time on behalf of the Union Ministry of Environment & Forests) 18. I.A. 33 of 2006(for further directions by Technical Committee on Shipbreaking) 19. I.A. 37 of 2007 (for condonation of delay, by petitioner Mr.Sanjay Parikh,adv.) 20. I.A. 38 of 2007(for extension of time on behalf of the Union Ministry of Environment & Forests) 21. I.A. 44 of 2007(for permission to file impleadment, by Kishore R.Shah) 22. I.A. 50 of 2007 in I.A.No.45/07 (for directions, by Gram Vikas Sangharsh Samiti) 23. I.A. 54 (for extension of time) 24. There will be similar orders as passed above in I.A.6/97,etc. as far as the above I.As. are concerned. I.A.No.23 of 2005 25. This I.A. has been filed on 6th December, 2005, on behalf of M/s.Shiv Priya Overseas(P)Ltd.(respondent No.10), for directions(by Ms. Bina Gupta, Adv.) for notice to issue to the Provisional Official Liquidator of the applicant company, regarding the amounts directed to be paid towards the costs for incineration of the waste oil, which had been imported by the company. 26. From the materials on record, it appears that the import had taken place prior to the appointment of the Provisional Liquidator and all steps for destruction of the said import goods were taken prior to the appointment of the Provisional Liquidator. In fact, an undertaking was given by Mr. Dinesh Chandra, on 18th July, 2005, indicating that the outstanding amounts would be paid within a period of six months from the date of the order. We are informed by Mr. Sanjay Parekh, advocate, appearing for the petitioners and also by learned counsel appearing for the Provisional Liquidator, that apart from paying a sum of approximately Rs. 12 Lakhs, the balance has remained unpaid. On the other hand, this application has now been made on behalf of Mr. Dinesh Chandra, indicating that the liability for such payment would be that of the company, which is now being represented by the Official Liquidator. 27. We are unable to accept the contention made in the said application, since the undertaking had been given by Mr. Dinesh Chandra, as a Director of the company, for imports that had taken place prior to the appointment of the Provisional Liquidator. Accordingly, for default in complying with the undertaking given by Mr. 27. We are unable to accept the contention made in the said application, since the undertaking had been given by Mr. Dinesh Chandra, as a Director of the company, for imports that had taken place prior to the appointment of the Provisional Liquidator. Accordingly, for default in complying with the undertaking given by Mr. Chandra, he is directed to be personally present in Court on 28th March, 2012, at 10.00 A.M. to explain as to why appropriate action/ could not be taken against him for his willful default in making the payments in respect of which an undertaking has been given by him. Let this I.A. be listed on that date for further consideration. 28. It has also been pointed out by Mr. Parekh and Mr. Ashok Bhan, learned senior advocate, appearing for the Union of India, Ministry of Environment and Forests, that apart from M/s.Shiv Priya Overseas(P)Ltd., there are nine other similarly, placed defaulters, namely: (i) M/s.Indochem Industries (ii) M/s. Valley International (iii) M/s. Shalimar Chemicals Inds.Pvt.Ltd. (iv) M/s. Hindustan Trading Corporation (v) M/s. Central Steel & General Industries (vi) M/s. Jairaj Ispat Ltd. (vii) M/s. Sri Sainath Enterprises (viii) M/s. Ludhina Refineries and (ix) M/s. Pioneer Petrochem The information regarding default committed by the said companies had been provided in the affidavit filed by the Commissioner of Customs(Imports), Mumbai(Maharashtra). 29. Let directions issue to the above- mentioned defaulting companies, who are directed to be represented by their respective counsel on 28th March, 2012, at 10.00 A.M. I.A..... of 2011 30. An unregistered I.A. filed on behalf of Jawaharlal Nehru Port Trust, in August, 2011, praying for leave to dispose of 13 hazardous containers in his possession in terms of the directions given by the Monitoring Committee has been listed for appropriate order. Such prayer is allowed. Let the said containers be disposed of in the manner indicated by the Maharashtra Pollution Control Board. I.A. is disposed of accordingly. 31. I.A.14 of 2004(for directions, on behalf of the State of Rajasthan), filed on 22nd January, 2004, I.A.21/05 (for intervention/directions, filed on 23rd August, 2005, by Madhumita Dutta, I.A.No.35 of 2007, for directions, filed by Mr.Bhagavatsinh Halubha Gohil & Ors., filed on 8th March, 2007, I.A.36 of 2006 in I.A.NO.21 of 2004, filed by Madhumita Dutta, for permission to file addl.documents, filed on 8th March, 2007, I.A.39 of 2007 (for Directions) filed by Y. Suresh (Ms. Anitha Shenoy,AOR) filed in April, 2007 and I.A.45-47 of 2007, for impleadment/direction/interim relief, filed by Gram Vikas Sangharsh Samiti, are taken up. 32. Let the prayers in the above I.As be considered in the judgment to be delivered in he main matter. I.A.No.43 of 2007 33. This I.A.has been filed by Kishore R.Shah(for direction), claiming to be a member of the Citizen Council Chala - Vapi, in which directions had been sought for a direction upon the State of Gujarat, to provide fresh drinking water to the residents of Vapi and Ankleshwar. It appears that by an order dated 7th May, 2004, a direction had been given in such regard and today, Ms. Hemantika Wahi, learned counsel appearing for the State of Gujarat, submits that steps were immediately taken pursuant to the directions given. Ms. Wahi is requested to file an affidavit in this regard within a week from date. A similar affidavit may also be filed on behalf of the State of Madhya Pradesh, in relation to supply of fresh drinking water to the areas in and contiguous to the Union Carbide Plant in Bhopal. Learned advocate, Ms. Vibha Dutta Makhija, who had represented the State of M.P., shall take steps to comply with these directions. I.A.Nos.48-49 of 2007 34. These applications have been filed on behalf of the Petroleum and Explosive Safety Organisation (formerly Department of Explosives) Ministry of Commerce and Industry, Government of India, for clarification/modification of the order passed by this Court on 6th September, 2007. In response to the same an affidavit was filed by the Union of India, indicating that it had complied with the order dated 22nd January, 2008, and that a meeting had been held at the Ministry of Environment and Forests(MoEF) of the stakeholders on 13th March, 2008, under the Chairmanship of the Additional Secretary of the said Ministry. In the meeting, it was agreed as follows:- "(i)The PESCO (formerly Department of Explosives) would issue the gas-free-for- hot-work certificate in respect of the petroleum cargo vessels, Floating Production Services & Offshore (FPSO) and slop tanks at the anchoring stage prior t o beaching as per the Petroleum Act, 1934 and Petroleum Rules, 2002. In the meeting, it was agreed as follows:- "(i)The PESCO (formerly Department of Explosives) would issue the gas-free-for- hot-work certificate in respect of the petroleum cargo vessels, Floating Production Services & Offshore (FPSO) and slop tanks at the anchoring stage prior t o beaching as per the Petroleum Act, 1934 and Petroleum Rules, 2002. (ii)The Office of Directorate of Industrial Safety & Health, Government of Gujarat can issue gas-free-for-hot-work certificate in respect of all other cargo vessels except the petroleum cargo vessels, FPSO and slop tanks, as per the Gujarat Factories Act, 1963, at the anchoring stage prior to beaching. (iii)In respect of the fuel tanks of any type of vessels, the gas-free-for-hot-work certificate can be issued either by the Office of Directorate of Industrial Safety & Health or the PESO, after beaching and prior to dismantling. 35. Accordingly, the prayer made by the applicant appears to have been satisfied and the applications are disposed of accordingly. I.A.52 & 53 of 2007(for impleadment/direction, on behalf of the Ship Recycling Industries Association.(India) 36. There will be a similar order as passed in I.A.48-49 of 2007, as far as these I.As. are concerned. I.A.No.51 of 2007 37. IA 51 which has been filed by Dr. Claude Alvares, member of the Supreme Court Monitoring Committee, praying for an injunction to restrain Union of India from finalising of a Notification on hazardous wastes dated 28th September, 2007, has been rendered infructuous on account of the publication of the Hazardous Wastes (Management, Handling & Transboundary Movement) Rules, 2008. I.A.1 of 1995 38. I.A.1 has been filed in connection with the suo motu contempt rule, which has already been issued. The same may be taken up separately. SLP(C)No.14936-14937 of 1998 39. On mentioning, let these Special Leave Petitions be taken on board. It has been submitted by Mr. Agarwal that the petitioners do not wish to proceed with the Special Leave Petitions, which are, therefore, dismissed as withdrawn. However, Mr. Colin Gonsalves, learned senior counsel, appearing for some of the respondents, submits that the writ petition itself has been disposed of by the High Court with certain directions. 40. Having regard to the above, Mr. Gonsalves submits that the directions given by the High Court to file judgment may be taken into consideration at the time of passing final orders in the matter(s) pending before this Court.