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2022 (11) TMI 959

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..... tisfied - Applications disposed off. - R/SPECIAL CIVIL APPLICATION NO. 6957 of 2021 - - - Dated:- 7-9-2022 - R/SPECIAL CIVIL APPLICATION NO. 6957 of 2021, 2190 of 2021, 2402 of 2021, 2404 of 2021, 2227 of 2021, 2194 of 2021, 2193 of 2021, 2191 of 2021, 2350 of 2021, 2325 of 2021, 1108 of 2018, 1109 of 2018, 1110 of 2018, 2758 of 2021, 4535 of 2021, 4564 of 2021, 4804 of 2021, 6787 of 2021, 6863 of 2021, 6864 of 2021, 7228 of 2021, 6958 of 2021, 7718 of 2020, 7733 of 2020, 7732 of 2020, 7734 of 2020, 7735 of 2020, 8857 of 2020, 8609 of 2021, 8617 of 2021, 8575 of 2021, 9426 of 2021, 9866 of 2021, 9857 of 2021, 9863 of 2021, 10514 of 2021, 10515 of 2021, 11569 of 2020, 8492 of 2015, 1799 of 2016, 20247 of 2015, 20248 of 2015, 20249 of 201 .....

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..... mporters of such tyres. It is their case that importing of such old and reusable tyres is not prohibited. It appears that the Commissioner of Customs took a stand that the import of the kind of tyres handled by the petitioners is not permissible as they are goods in the nature of hazardous waste. It is such facts involved and the restraint order passed by the authorities, that gave rise to the petitions with prayers made as above. 3.1 In Special Civil Application No. 8492 of 2015, which forms part of the group, order dated 21.07.2015 came to be passed by the Court, which reads as under, 4. Having heard learned counsel for the respective parties and having perused the provisions of the Hazardous Wastes (Management, Handling and Transb .....

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..... within 10 days from today. Copy of the report shall be supplied to the petitioner as well as customs authorities within a period of two weeks from the date of his visit. He shall also place a copy thereof on the record of this petition on the next date of hearing. 4. Upon receipt of the report prepared by the responsible authority / officer of Respondent No.2, Ministry of Environment and Forests the petitioner is at liberty to request the customs authority for release of the goods and the customs authority shall deal with the request/application case of the petitioner with regard to release of the goods in accordance with law with appropriate/suitable conditions if it comes to the conclusion that the goods can be released to the petiti .....

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..... s reconsidered and the Surveyor was to examine the issue from the environmental point of view. 3.4 The developments that have taken place during the pendency of the petition are reflected in the order as above. 4. Learned advocate Mr. Paresh Dave submitted and stated that pursuant to the interim orders, the authorities have released the goods and all the goods involved in each of the present petitions have already been released by the authorities in view of the directions in the above orders of the Court. 4.1 Learned advocate Mr. Dave does not press the first two prayers, that is, Prayers A and B. 4.2 Learned advocate Mr. Priyank Lodha appearing for the respondent authorities could not dispute the factum of the release of goods .....

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