Condonation of delay and interim stay granted in imported waste dispute, with re-export permitted on consent and compliance.

Delay in filing the appeals was condoned after the Court accepted the explanation for the 94-day delay. At the interim stage, the Court found that the Tribunal had not independently examined the factual record and had relied on an earlier coordinate Bench order, while the appeals raised a broader dispute over imported consignments, alleged contamination with municipal, domestic and biomedical waste, and the applicable statutory regime for hazardous waste. The Tribunal's direction was therefore kept in abeyance pending disposal of the appeals, and the respondent was allowed to re-export the cargo at its risk and cost on written consent and compliance with formalities.

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Issues: Whether delay in filing the appeals should be condoned; whether the Tribunal's direction for re-examination of the imported consignments and the consequential reliefs warranted interference at the interim stage.

Analysis: The Court accepted the explanation for the 94 days' delay and condoned the delay in filing the appeals. On a prima facie appraisal, the Court found that the Tribunal had not independently examined the factual record and had followed a prior coordinate Bench order, while the present appeals involved a larger issue concerning the import consignment, the alleged contamination with municipal, domestic and biomedical waste, and the applicability of the statutory regime governing hazardous waste. The Court therefore considered it appropriate to keep the Tribunal's direction in abeyance pending disposal of the appeals, while preserving the respondent's option to re-export the cargo upon giving written consent and complying with formalities.

Outcome: Delay condoned. The appeals were admitted. The Tribunal's order and direction were stayed till disposal of the appeals. The respondent was permitted to re-export the cargo at its risk and cost on written consent and compliance with formalities.

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