TaxTMI 
TaxTMI 
TaxTMI 
2014 (3) TMI 677
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....hit Nagar, Adv. Mr. Anirudh Tanwar, Adv. Ms. Priyanka Sinha, Adv. Ms. Kiran Bhardwaj, Adv. Ms. Asha G. Nair, Adv. Ms. Sunita Sharma, Adv. Mr. Shashant Bajapai, Adv. Mr. Mohit Nagar, Adv. Mr. Arijit Prasad, Adv. Mr. D.S. Mahra, Adv. For MoEF : Mr. S.P . Singh, Sr .,Adv. Ms. Kiran Bhardwaj, Adv. Mr. S.N . Terdal, Adv. Mr. Shailender Saini, Adv. Ms. Shashank Bajwa, Adv. For JNPT Mr. Vikas Singh, Sr.Adv. Mr. Ajay Sharma, Adv. Ms. Neelam Sharma, Adv. Mr. Rajeev Sharma, Adv. Dr. Manish Singhvi, AAG Mr. Amit Lubhaya, Adv. Mr. Irshad Ahmad, Adv. Mr. Manjit Singh, AAG, Har. Mrs. Vivekta Singh, Adv. Mrs. Nupuir Chaudhary, Adv. Mr. Tarjit Singh, Adv. Mr. Kamal Mohan Gupta, Adv. For UPPCB Mr. Pradeep Misra, Adv. Mr. Suraj Singh, Adv. For Deptt. of Customs: Mr. Rakesh K. Khanna, ASG Mr. Arijit Prasad, Adv. Mr. T.A . Khan, Adv. Mr. B.K. Prasad, Adv. for M/s. J.S. Wad & Co., Advs. Mr. Mukesh Verma, Adv. Mr. Pawan Kumar Shukla, Adv. Mr. Yash Pal Dhingra, Adv. Mr. Abhishek Chowdhary, Adv. For Director: Mr. C. Mukund,Adv . Mr. Ashok K. Jain,Adv . Mr. Pankaj Jain,Adv . Mr. Bijoy Kumar Jain, Adv . For SCMC : Mr. Raj Panjwani,Sr.Adv . Mr. S.S. Shamshery ,Adv . Mr. Bharat Sood,Adv . Mr. Sandeep Singh,Ad....
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.... for the petitioner. Now a report has been submitted, as directed, along with the affidavit of Ms. Seema Jere Bisht. This report records that in the near vicinity of JNPT, only one agency is available for incineration, namely Mumbai Waste Management Ltd., situated at Plot NO.P-32, MIDC Taloja, Tal: Panvel, District Raigad. It is at a distance of 30 Kilometres from the area where the goods are kept. The agency has also agreed to accept the rate as suggested by the Commissioner of Customs which is in tune with the relevant rules. The suggested rate for disposal of waste oil is Rs.14.80 per Kg. including collection, transportation and unloading charges. As far as non-ferrous metallic hazardous waste is concerned, the charges for disposal are Rs.3.75 per Kg. for all purposes. The responsibility for transportation and all precautions etc will be of the concerned agency. Therefore, as the affidavit states in paragraph 6, the Committee uniformly decided that this particular agency be preferred for the purpose of incineration. 3. Mr. Vijay Panjwani, learned counsel appearing for the Central Pollution Control Board has drawn out attention to The Hazardous Wastes (Management, Handlin....
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....incineration Method Punjab 130 Waste Oil 30 days Disposal by incineration Method Speedy 43 Waste Oil 15 days Disposal by incineration Method Hazardous wastes other than waste oil "a) In the case of non-ferrous metallic and other wastes which are recyclable as per Schedule 4 of the HW Rules, 2008, they will be auctioned by the respective CFSs/Custodian. Only those recyclers who are registered with MPCB as per the procedure laid down in Rule 8(1) and Rule 9 of the HW Rules 2008 for the wastes listed in Schedule 4, will be allowed to participate in the auctions. b) As for the non-ferrous and other wastes which are prohibited/banned for export and import and not suitable for recycling, these shall be sent to CHWTSDF, Taloja for treatment and disposal as per the procedure laid down in HW Rules, 2008. (This is also in accordance with the earlier direction of the SCMC to JNPT in its letter dated 18.5.2005.) c) The list of the containers other than waste oil such as metallic and other wastes based on their mode of disposal is enclosed herewith and marked as Annexure-3. d) Entire operation shall be done under the supervision of MPCB as was done earlier in....
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.... right from the date of the arrival till date. The Monitoring Committee shall file a report along with its recommendations and on consideration thereof, necessary directions in regard to 170 containers would be issued." 8. Mr. Khanna, learned Additional Solicitor General in fact tried to take a little advantage from this paragraph by contending that the Monitoring Committee was supposed to file a report and thereafter directions were expected from the Court. We are not prepared to buy this submission of Mr. Khanna. Prima facie there is a complete dereliction on the part of the concerned officers in not taking any action when these containers were lying in the JNPT area for years together. In fact they have been imported/bought from 1992 onwards. No orders of Court are required for incineration or deciding the responsibility for the authorities. It is only because the authorities concerned do not act in time that when some individual or organization interested in public cause, bring this issue to the notice of the Court, the Court has to give necessary directions. Merely because the Court has stated in the aforesaid paragraph that the report be filed, does not mean that the ....
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....consignments in respect of oils not confirming to the specifications of the products as applicable and meeting the specifications of used oil/waste oil as per Schedule 5 and Schedule 6 of the HW(M & H) Rules, such goods may be auctioned or sold only to the recyclers resisted with Central Pollution Control Board having valid registration. In case the oils not confirming to the specifications of the products as applicable and the waste oils not meeting the specifications as per Schedule 6, in such cases the Customs department may consult various incinerators and the consignments may be disposed of through a Common hazardous waste incinerator. The cost towards disposal of such confiscated consignments need to be distributed among the importers traceable in proportion to the quantity of the consignments including the cost of incineration as well as penalty in such a manner that the damage upon the state exchequer is dealt with. b) Suggested modalities to deal with illegal imports: Apart from the procedures to be followed in respect of the import of hazardous wastes as specified under the HW (Management & Handling) Rules as well as the Customs Act, following additional measures ....