Supreme Court directs incineration of hazardous waste containers, places responsibility on Customs Department.

The Supreme Court addressed the failure to incinerate hazardous waste containers as per a previous court order. Despite the order, 170 containers remained unincinerated, leading to criticism of the government's inaction. The Court directed the government to provide information on the status of the containers. Additionally, the responsibility for incineration and costs was placed on the Customs Department, with supervision by the Maharashtra State Pollution Control Board. The Court demanded active involvement from relevant agencies to oversee the incineration process and set deadlines for compliance.

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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.

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