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2018 (11) TMI 538 - HC - Customs


Issues:
The petitioner seeks a writ of mandamus or any other appropriate writ to allow disposal of waste generated while processing imported wheat.

Analysis:
The petitioner approached the court seeking permission to dispose of waste generated during the processing of imported wheat. The petitioner argued that the waste material generated has commercial value and can be used as raw material for manufacturing cattle feed. However, the respondents did not permit the disposal of the waste, preventing the petitioner from utilizing it in any way. The petitioner also requested permission to dispose of the waste by using it as raw material or by burning it due to space constraints for storage.

The Standing Counsel for the respondents, based on a test report (Exhibit P5), acknowledged that the waste generated from wheat processing could be used for manufacturing cattle feed if the petitioner obtains all necessary clearances. Alternatively, if clearances are not obtained, permission could be granted for disposing of the waste in an appropriate manner after fulfilling the required formalities.

The court directed the respondents to permit the petitioner to utilize the waste generated by either using it as raw material for manufacturing cattle feed or by any other method allowed by law. The petitioner was instructed to submit a proposal outlining how the waste would be utilized, which would be considered by the competent respondents for prompt decision-making. Consequently, the writ petition was granted in favor of the petitioner, allowing for the disposal of the waste generated during the processing of imported wheat.

 

 

 

 

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