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TMI Blog2014 (3) TMI 677X X X X Extracts X X X X X X X X Extracts X X X X ..... uiry to ascertain as to who were the officers from these three Ministries who were responsible for not taking necessary steps for all these years and if satisfied that there is dereliction on the part of some of the officers, initiating the disciplinary measures/appropriate actions in accordance with law. - I. A. Nos. 23 , 40, 42, 55, 56, 57 & 63, 64, 65, 66, 67, 68 & 69 writ petition [c] no. 657/1995 S.L.P . (C) No.16175 of 1997 (With appln .( s) for ex-parte stay) [For Final Disposal] Civil Appeal No.7660 of 1997 (With office report) [For Final Dispo - - - Dated:- 4-3-2014 - H. L. Gokhale And Kurian Joseph,JJ. For the Appellant : In WP 657/1995: Mr. Sanjay Parikh, Adv. Ms. Mamta Saxena, Adv. Ms. Bushra Parveen, Adv. Ms. N. Vidya,Adv . Mr. A.N. Singh, Adv. Ms. Karuna Nundy, Adv . Ms. Aparna Bhat, Adv. In CA 7660/1997: Mr. P. Parmeswaran, Adv. In SLP 16175/1997: Ms. B. Vijayalakshmi Menon, Adv. For the Respondent : Ms. Hemantika Wahi,Adv . Mr. S. Deshpande, Adv. For O. Liquidator Mr. Manish Kumar Bishnoi, Adv. Ms. Meenakshi Vij, Adv. Ms. Karuna Nundy, Adv. Ms. Aparna Bhat, Adv. Mr. Sudarshan Menon, Adv. Ms. Anitha Shenoy, Adv. Mr. Anil Shrivastav, Adv. Mr. Rituraj Bi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spite of order passed by this Court in Research Foundation for Science, Technology and Natural Resource Policy Vs. Union of India and Ors., reported in 2012 (6) SCALE 253 - 2012 (7) SCC 769, 170 containers referred to in paragraph 16 of the SCALE Report (paragraph 43 of 2012 (7) SCC) 769) were lying without incineration. We were informed on that date the number of containers containing waste oil and various other waste materials were 212. We are also informed that analysis of the samples from these containers was obtained way back on 8.5.2007 and still no action was taken to dispose of those hazardous materials. We therefore directed necessary affidavits to be filed stating as to what steps are going to be taken with respect to the incineration of these waste materials. 2. Subsequently, the matter came up on 18.2.2014 when certain affidavits were filed but the information was not complete and therefore, we directed a report to be filed by Ms. Seema Jere Bisht, Commissioner of Customs (Import), Mr. Arvind Pradhan, Manager (Traffic), JNPT and Dr. Yeshwant Sontakke, Regional Officer of the Maharashtra Pollution Control Board at Navi Mumbai. They were also asked to take assistanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trictly responsible and liable for the safe transportation of these wastes to the disposal site and follow the procedure of transport safety, insurance and good condition of vehicles, etc., as per the HW Rules, 2008. d) On reaching the CHWTSDF (Common Hazardous Waste Transport, Storage, Disposal Facility), CHWTSDF operator shall issue the acknowledgment to CFS and MPCB as per HW Rules. CFS shall submit a daily report to the Asst. Commissioner of Customs i/c of Disposal Section. A copy will also be put up online for monitoring by all concerned agencies. e) The CHWTSDF operator shall be bound to carry out the treatment and disposal of the waste in compliance of conditions laid down by the MPCB in its combined consent and authorization granted to the operator. Additionally, the MPCB will depute one officer to supervise the disposal by CHWTSDF and keep a record, which shall be submitted to MPCB (as has been done in case of 133 containers incinerated earlier). CHWTSDF will send a copy of the manifest to CFS/Customs and MPCB. The MPCB shall verify the first and last Manifest, so that the cycle is complete. CFS Name Number of Containers ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rim report after 30 days and final report on completion of the work after 60 days. 6. Apart from the disposal of this waste material, the Customs authorities will have to take steps for recovery of the amount spent in this incineration process and other charges. The Customs authorities are directed to take necessary action against all those importers, shipliners and CFS(Custodians) responsible for dumping this waste material, and all those whoever are otherwise responsible for this. 7. Mr. Sanjay Parikh, learned counsel appearing for the petitioner has drawn our attention to the orders passed by this Court in this matter on earlier occasions, beginning with 2005 (13) SCC 186 which is the order passed on 13.1.2005. Paragraph 38 of this order has dealt with these very same containers though at that very time the number of containers identified were 170, which number is now stated to be 212 as recorded earlier. This paragraph reads as follows: In regard to 170 containers referred to in the report of the Commissioner of Customs which are also lodged in the same premises in more or less the same condition, the Monitoring Committee has noted that these containers have not b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 and all those goods remained unattended without initiating any proceedings for the last so many years. The Court hence directed an affidavit to be filed placing on record as to what action was proposed to be taken in case the inaction was the result of some of the officers. This paragraph of the order reads as follows: The Chief Commissioner of Customs shall also file an affidavit explaining in detail the circumstances under which the goods in question remained unattended without initiation of any proceedings for the last so many years. As per the documents now filed, about 209 containers fall in this category. The affidavit shall also place on record the action, if any, which is proposed to be taken in case the inaction was the result of some of the officers of the department. This affidavit shall be filed within a period of two weeks. 10. These two orders were followed by an order passed on 23.10.2007 by which Mr. Gopal Subramanium, then then learned Additional Solicitor General was directed to give a report on the modalities for dealing with the waste oil/used oil. Mr. Subramanium did submit the necessary report in September, 2008 and paragraph 6(a) 6(b) thereof ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (ii) It is also suggested that the importer may submit adequate security deposit (bank guarantee) equivalent to the cost of the consignment. Upon, confirmation of illegal consignments, if any by the importer, the cost towards its disposal be deducted along with a penalty from the security deposit. (iii) Conjunctively the importers of certain problem oils may be asked to pre-deposit security or Bank guarantee of reasonable amount in order to control illegal import of waste oil. Such an imposition of condition may also deterrent effect. (iv) Alternatively, it should made mandatory that all the problems oils should be imported through State Trading Enterprises (STE). This may also be effective in dealing with illegal imports of waste oils/used oils. 11. All these orders will indicate that there is a complete apathy and inaction on the part of the concerned officers. In fact, again in our last order we had asked the Director, Ministry of Environment and Forest to place on record as to who are the officers responsible and what action has been taken against them. She has filed an affidavit affirmed on 4.3.2014 but it does not give any assistance in this behalf. 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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