2014 (4) TMI 871 - SC - Customs

Non-Compliance with Judgment & Direction of Supreme Court Requisite information w.r.t. 212 unclaimed waste containers - Non-filing of Personal affidavits Non-incineration of containers Contempt proceedings - Whether there are containers which are hazardous and are yet to be incinerated - Held That - Judgment in Research Foundation for Science, Technology and Natural Resource Policy v. Union of India and Ors. 2012 (7) TMI 263 - SUPREME COURT OF INDIA followed - This Court is informed that 212 containers are lying with damaging contents of waste oil and various other wastes This Court expressed their distress at the attitude of the Central Government and all related agencies because they did destroy 133 containers after the judgment rendered earlier by this Court in Research Foundation for Science v. Union of India and Anr. - The said judgment also mentioned the existence of other 170 containers with which are presently concerned - For the reasons best known to them nothing has been done by the Government about these containers all these years SC directed that these affidavits will be filed on or before 17th February, 2014 and the matter to be listed on 18th February, 2014 Decided in Favour of appellants.

Summary

Issues:
1. Failure to incinerate hazardous waste containers as per court order.
2. Lack of action by government agencies in disposing of hazardous waste containers.
3. Responsibility for incineration and payment for the process.
4. Supervision of incineration by the Maharashtra State Pollution Control Board.

Issue 1: Failure to incinerate hazardous waste containers as per court order
The Supreme Court noted that despite a previous judgment, 170 containers of hazardous waste were still not incinerated. The Court expressed concern over the delay and directed the government to provide information on the status of these containers. The government failed to comply with the Court's order within the stipulated time frame, leading to further scrutiny and criticism by the Court.

Issue 2: Lack of action by government agencies in disposing of hazardous waste containers
Subsequently, it was revealed that a total of 212 containers containing damaging waste materials were still present, with varying information on the exact number. The Court criticized the government for its apathy and lack of action in addressing the disposal of these hazardous containers. The government was directed to file an affidavit detailing the number of containers, test reports, and the plan for incineration.

Issue 3: Responsibility for incineration and payment for the process
The Court emphasized that the responsibility for incineration and associated costs would lie with the Customs Department, with the possibility of recovering expenses from shipping companies or importers responsible for the containers. The incineration process was to be supervised by the Maharashtra State Pollution Control Board, ensuring compliance with environmental regulations.

Issue 4: Supervision of incineration by the Maharashtra State Pollution Control Board
Acknowledging the distressing attitude of the government and relevant agencies, the Court demanded active participation from officers of the Ministry of Environment and Forests, Maharashtra State Pollution Control Board, JNPT, and Customs Department in overseeing the incineration process. The Court set a deadline for filing necessary affidavits and scheduled the matter for further hearing to ensure timely action and compliance with the directives.