2022 (11) TMI 959

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....021, 10515 of 2021, 11569 of 2020, 8492 of 2015, 1799 of 2016, 20247 of 2015, 20248 of 2015, 20249 of 2015, 20259 of 2015, 20260 of 2015, 12236 of 2016, 12237 of 2016, 12238 of 2016, 12239 of 2016, 12240 of 2016, 12241 of 2016, 12242 of 2016, 14207 of 2020, 14675 of 2021, 14341 of 2020, 14932 of 2020, 18739 of 2018, 18737 of 2018 HONOURABLE MR. JUSTICE N.V.ANJARIA AND HONOURABLE MR. JUSTICE BHARGAV D. KARIA AMAL PARESH DAVE AND MR PARESH M DAVE FOR THE PETITIONER MR UTKARSH R SHARMA FOR THE RESPONDENT ORDER PER : HONOURABLE MR. JUSTICE N.V.ANJARIA As the entire batch of the captioned Special Civil Applications comes up before us, we notice the controversy and prayers in these petitions. 2. What is prayed is to strike down Entry No.B-....

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....e provisions of the Hazardous Wastes (Management, Handling and Transboundary Movement) Rules, 2008 and more particularly definition of clause 'hazardous waste' and provisions of Rules, 12, 13, 16 and 23 of the said Rules along with Part B of Schedule III of the said Rules. We have also considered the decision delivered by CESTAT, West Zonal Bench at Ahmedabad in the case of Universal Trading Co. v. Commissioner of Customs, Kandla, 2014 (313) ELT 164 (Tri.- Ahmd.), as well as the case of Jibran Overseas v. CCE & ST, Ghaziabad, in C/A? 51473/2015-CU dated 8th April 2015, and the decision in the case of Commissioner of Customs (Imports), Chennai v. V.S. Govindan, 2013 (287) ELT 161 (Mad), by way of ad-interim relief we issue the following inte....

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....t comes to the conclusion that the goods can be released to the petitioner." 3.1.1 The competent authority of the respondents was required to visit the site and inspect the tyres to submit report as per the directions above. 3.2 It appears that Civil Application No. 9587 of 2015 was filed by the petitioners in Special Civil Application No. 8492 of 2015. It was prayed in the said Civil Application was for issuance of directions to the respondent no.3 Assistant Commissioner of Customs, Mundra to permit provisional clearance of import of old and used tyres made by the applicant on 16.03.2015. After noticing the controversy in detail, as highlighted in the said order, following directions were issued by the Court, "18. For the foregoing rea....