2018 (7) TMI 2293 - SC - Indian Laws

Ban on import of pet coke - evaluation of pollution load of pet coke versus possible alternatives - HELD THAT - On a reading of the affidavit, it is clear that a meeting was held by the Ministry of Environment, Forest and Climate Change along with officers of the Ministry of Petroleum and Natural Gas and EPCA and discussions were also held with the Directorate General of Foreign Trade. A consensus decision has been taken that the use of imported pet coke all over the country may be permitted only in the following industries cement, lime kiln, calcium carbide and gasification. It is stated that this would be in compliance with the WTO norms and these industries may be permitted to import pet coke for use as a feedstock or in the manufacturing process and not as a fuel. Since the decision to permit limited import of pet coke has been taken by consensus by all the authorities mentioned above and since the time already fixed by us expired on 30.06.2018, we direct that the decision taken in para 1.10 in terms of the Minutes dated 18.07.2018 be notified and implemented with immediate effect - Report disposed off.

Summary

Issues:
1. Ban on import of pet coke - Decision making process and implementation

Analysis:
The Supreme Court addressed the issue of the ban on the import of pet coke in a detailed judgment. Initially, on 10.05.2018, the Court directed the authorities to gather inputs from relevant ministries and State Governments regarding the ban. A deadline of 30th June, 2018 was set for a decision to be made. However, as the deadline passed, the Court issued another order on 16.07.2018. The Additional Solicitor General informed the Court about the readiness of a report by the Technical Expert Committee on the pollution impact of pet coke. Discussions were to be held by the Ministry of Environment, Forest and Climate Change with the Environment Pollution (Prevention and Control) Authority (EPCA) to reach a final decision. The Ministry submitted an affidavit on 16.07.2018, indicating discussions held with relevant authorities. The minutes of the meeting highlighted a consensus decision to permit the import of pet coke only for specific industries like cement, lime kiln, calcium carbide, and gasification, following WTO norms. EPCA emphasized prioritizing domestic pet coke over imports. The Court directed the immediate implementation of the decision to allow limited import of pet coke based on the consensus reached by the concerned authorities. The Court disposed of the relevant reports, emphasizing the need for prompt notification and enforcement of the decision taken.

This judgment showcases the Court's meticulous consideration of environmental concerns and the regulatory framework for the import of pet coke. The Court emphasized the importance of complying with WTO norms and prioritizing domestic resources over imports. By directing the immediate implementation of the decision permitting limited import for specific industries, the Court ensured a balanced approach towards environmental protection and industrial needs. The judgment reflects a collaborative effort between various ministries and authorities to reach a consensus decision, highlighting the significance of stakeholder consultations in regulatory matters. The Court's proactive approach in overseeing the decision-making process and enforcing timely implementation demonstrates its commitment to addressing environmental issues effectively through legal interventions.