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TMI Blog2021 (3) TMI 1376X X X X Extracts X X X X X X X X Extracts X X X X ..... rs to use the raw materials lying in the custody of the petitioners in view of the Rules, 2021 vide notification dated 27-1-2021. On receipt of such application, the respondent authorities are directed to permit the petitioners to use the raw materials which were imported by the petitioners and which were the subject matter of the petitions and such materials being kept separate unutilised by the petitioners as per the directions of this Court. The undertaking given by the petitioners before this Court is also discharged in view of the fact that now the petitioners can use such raw materials in SEZ units after the notification dated 27-1-2021. It is pertinent to note that Rules, 2016 are issued by the Ministry of Environment, Forest and Climate Change, Government of India and in view of the amendment in Rules, 2016 by Rules, 2019 by the said Ministry, the respondent authorities did not permit the petitioners to clear the goods for use. Now in view of the amendment brought by Rules, 2021 vide notification dated 27-1-2021, the petitioners are permitted to use such goods which are imported by it. Therefore, it cannot be said that though the goods were imported during the subsistenc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nature of new/virgin plastic scrap/waste in the SEZ operations of the petitioners. 5. In view of the aforesaid Rules, the Customs authorities in-charge of the units located in Kandla SEZ objected import of the raw materials in nature of new/virgin plastic scarp/waste on the ground that the import of such material was no longer permitted even to the units located in SEZ area. The petitioners therefore have filed this petition. 6. This Court passed the following order on 23rd January, 2020 : 1. By this writ-application under Article 226 of the Constitution of India, the writ-applicant engaged in the business of manufacturing of various commodities of plastic and having its unit at Kandla Special Economic Zone, has prayed for the following reliefs : 17(A) be pleased to issue a writ of mandamus or any other appropriate writ, order or direction striking down Rule 2(vi)(a) made vide Notification dated 1st March, 2019 (Annexure E ) as ultra vires Section 1(2) of the Environment (Protection) Act, 1986 and also ultra vires Sections 53 and 55 of the Special Economic Zones Act, 2005, and ultra vires Rule 19 of the SEZ Rules, 2006 read with Section 2(c) of the SEZ Act, 2005 ult ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Learned Counsel appearing for the writ-applicant that his client has imported consignments of virgin plastic waste and scrap of non-hazardous nature in accordance with the Letter of Approval issued by the Development Commissioner, KASEZ. 3. According to Mr. Dave, the consignments as on date is lying at the Mundra Port. The writ-applicant has to pay the ground rent, detention charges, demurrage charges etc. In such circumstances, a request is made that the writ-applicant may be permitted to atleast shift the 04 containers from the Mundra Port to his Industrial Unit of course subject to the condition that the writ-applicant shall not utilize the goods in any manner till the final adjudication of this litigation. 4. Let notice be issued to the respondents, returnable on 30-1-2020. In the meantime, we direct the Deputy Commissioner of Customs (SIIB), Kandla as well as the Deputy Commissioner of Customs [Incharge], KASEZ, Gandhidham to permit the writ-applicant to shift the 04 containers lying at the Mundra Port to his Industrial Unit. Once the 04 containers shifted to the Industrial Unit of the writ-applicant, the same shall be kept intact. We direct the writ-applicant to fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is further prayed to direct the cancellation of undertakings and bonds furnished by the petitioners for not utilising the raw materials pursuant to the directions issued by this court in case of each of the petitioner because in view of the notification dated 27-1-2021, the petitioners now can use such raw materials. 12. Learned Advocate Mr. Paresh M. Dave submitted that in view of the subsequent change in policy of the Central Government, the petitions have become infructuous and only direction may be given to the respondent authorities to permit the petitioners to use the raw materials imported by it and which are being kept separately unutilised as per the directions of this court. 13. Learned Advocate Mr. Dave therefore, seeks permission to withdraw the petition with the aforesaid directions to the respondent authorities. 14. On the other hand, Learned Advocate Mr. P.Y. Divyeshvar submitted that it is true that in view of the subsequent notification dated 27-1-2021, the restrictions imposed upon the units of the petitioners which are situated in SEZ is lifted and insertion of sub-rule 6(A) in Rule 12 of the Rules, 2016 by the said notification provides for the Hazardo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t Basal No. B3010 in Schedule VI in the Rules, 2016. Though the petitioners have imported the materials prohibited by the Rules, 2019 the same were not put to use by the petitioners pursuant to the directions issued by this Court. The petitioners therefore, may approach the respondent authorities with an application to permit the petitioners to use the raw materials lying in the custody of the petitioners in view of the Rules, 2021 vide notification dated 27-1-2021. On receipt of such application, the respondent authorities are directed to permit the petitioners to use the raw materials which were imported by the petitioners and which were the subject matter of the petitions and such materials being kept separate unutilised by the petitioners as per the directions of this Court. The undertaking given by the petitioners before this Court is also discharged in view of the fact that now the petitioners can use such raw materials in SEZ units after the notification dated 27-1-2021. 18. It is pertinent to note that Rules, 2016 are issued by the Ministry of Environment, Forest and Climate Change, Government of India and in view of the amendment in Rules, 2016 by Rules, 2019 by the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X
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