Ban on the Import of Toxic Wastes

Writ Petition(Civil)No.657/1995 (Research Foundation for Science, Technology  & Natural Resource Policy Vs. UOI & Others)

The Writ Petition was filed in public interest in 1995 seeking Hon’ble Court’s intervention to impose ban on the import of toxic wastes from the industrialized countries into India.

1.  On 12.2.2001, the Hon’ble Court after hearing the matter, passed an order that report of the High Power Committee headed by Prof. M.G.K.Menan has been received.  The High Power Committee has been appointed by the Hon’ble Court vide order, dated 13.10.1997 to look into various aspects of hazardous wastes and suggest measures.  The Union of India has been directed to file their response thereafter other respondents also file their response.

2.  On 12.2.2001, the Hon’ble Court also considered the report relating to the hazardous wastes off loaded at Alang in Gujarat, the said reports have been filed by the Central Pollution Control Board  vide its affidavits, dated 29.2.2000 and 10.8.2000 in compliance of Hon’ble Court’s order.    The Hon’ble Court has directed that since, there is no specific finding by the National Institute of Oceanography, Goa, the Union of India shall file an affidavit indicating whether the material imported is hazardous or not. 

Taj Pollution Matter

Writ Petition  (Civil) No. 13381/84  ( M.C.Mehta Vs UOI & Ors.) –

In compliance of Hon’ble Supreme Court’s direction, dated 7.11.2000 regarding installation of four air quality monitoring stations in Agra region. The Central Pollution Control Board submitted before the Hon’ble Supreme Court, a detailed proposal for setting up of the ambient air quality monitoring stations in Agra. According to the direction of the Hon’ble Court, the four air quality monitoring stations are  to be run continuously for one year, all the seven days in a week by CPCB. 

The Hon’ble court has considered the proposal of CPCB and accepted the recommendations of the Mahajan Committee on 4.5.2001 and directed that the full cost of Rs.1,20,50,000/- towards the hardware for monitoring stations and hardware for Central Laboratory would be provided by the Mission Management Board and with regard to the remaining amount of operational cost of Rs. 49.45 lacs would be made available by the Central Government to the Central Pollution Control Board within four weeks from the date of  this order. The Hon’ble Court further directed that CPCB shall use these funds for the purpose for which they are provided as stated in their proposal. The Central Board is in the process of establishing these four air quality monitoring stations in Agra region.

Ganga Pollution Matter

Writ Petition (Civil) No. 3727/1985 ( M.C.Mehta Vs UOI & Ors.) –

The Central Pollution Control Board has filed an Interlocutory Application (IA) before the Hon’ble Supreme Court seeking directions from the Hon’ble Court in respect of the municipalities/Nagarpalikes/local bodies located in the State of Uttar Pradesh, Uttaranchal and Bihar to maintain sewage treatment plant/ sewerage systems,  pumping stations, crematoria, low cost toilets or any other assets or infrastructure created under the Ganga Action Plan (GAP). The Hon’ble Court on 28.3.2001 after consideration of the replies of the States of Uttar Pradesh, Bihar and West Bengal directed that it is appropriate that the Central Pollution Control Board jointly with the respective State Pollution Control Boards, examine  and  inspect the functions of the aforesaid assets/infrastructure created under the Ganga Action Plan in the State of Bihar, West Bengal, Uttar Pradesh and Uttaranchal and submit a comprehensive report indicating to what extent the orders of this court have been complied with  by the respective authorities. The Hon’ble court has further directed that each of the State shall deposit a sum of Rs.1.5 lacs each to meet the expenses of the inspection. The Central Board after carrying out in-depth inspection in each of the State, jointly with the concerned State Pollution Control Board, has submitted its report before the Hon’ble Court. The Hon’ble Court has accepted the report and directed the concerned State Governments to submit their comments on the said report.

Pollution By Industries In NCT- Delhi

Writ Petition (Civil) No. 4677/85 (M.C.Mehta Vs UOI & Ors.) –

Special Leave Petitions were filed by the Delhi Pollution Control Committee (DPCC) against the order of the High Court of Delhi passed on 1.11.1999. The DPCC earlier identified these industries as ‘H’ Category under the Master Plan of Delhi-2001.  These industries are manufacturing plasticizers Di-butyl Phthalate (DBP) by using chemical (N-Butyl alchohal and Pthalic anhydride) as raw material.  Against the categorization, these industries got stay orders from the High Court of Delhi. On 13.12.2000, the Hon’ble Court after consideration of the joint  inspection report of the Central Pollution Control Board and the DPCC, vacated the stay granted by the Delhi High Court and directed that the manufacturing activities of both the industries shall be closed within ten days from the date of the order.  The Hon’ble Court with the above mentioned directions finally disposed off the matter.

The United Communist Party of India has filed a writ petition in  2001 against the Union of India, in the High Court of Delhi at New Delhi. Central Pollution Control Board is Respondent No.2. The Petitioner has alleged that there are more than 1000 big and medium size hotels in Delhi using generator sets of 100 kVA and above ranging upto 3000 kVA and one generator of 2000 kVA create more pollution than 30 passenger buses at a time. Combustion system including boilers and big size gas burners are being operated in the kitchens and also for the health clubs of these hotels are major sources of pollution in the city of Delhi and no action is being initiated against these multinationals and against big hotels at the cost of poor person who reside in open and inhale toxic cancer causing polluted air.

The Hon’ble High Court of Delhi directed the following  on 10.12.2001:

·        Ministry of Environment & Forests, Government of India, shall notify the Emission Standards for Diesel Generator Sets (up to 800 kw) with in four weeks (i.e. by 7.1.2002).

·        The Central Board has to handle objections from concerned parties in relation to emission standards for DG sets (above 800 kw) and draft standards are to be communicated to the Ministry of Environment & Forests, Government of India.