Amendment permitting plastic waste imports for SEZ units allowed use of previously restrained raw materials and discharged undertakings.

A subsequent amendment to the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 inserted Rules 12(6A) and 12(6B), expressly allowing SEZ units and notified EOU units to import the specified plastic wastes. Because the imported raw materials had remained unused only due to an earlier interim restraint, there was no legal basis to keep the restriction in force once the policy changed. The petitioners were permitted to seek approval from the competent authorities to use the goods and obtain removal of the seals, and the undertakings furnished before the Court stood discharged upon grant of that permission.

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Issues: Whether, in view of the subsequent amendment permitting import of the specified plastic wastes for SEZ units, the petitioners could be allowed to use the imported raw materials that had been kept unused under earlier court directions, and whether the undertakings furnished by them could be discharged.

Analysis: The subsequent notification inserted Rule 12(6A) and Rule 12(6B) in the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016, expressly permitting SEZ units and notified EOU units to import the specified wastes. The imported goods in question had remained unused only because of the earlier interim restraint imposed by the Court. Once the policy changed, there was no legal basis to continue the restriction on use of the same goods merely because they had been imported during the period when the earlier regime was in force. The petitioners were therefore entitled to seek permission from the respondent authorities to use the goods and to have the seals removed.

Conclusion: The petitioners were permitted to apply for and obtain permission to use the imported raw materials kept unused pursuant to the earlier directions, and the undertakings furnished before the Court stood discharged upon such permission being granted.

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