W.P(C)No. 657 OF 1995 ITEM No.41 COURT No. 2 SECTION PIL AFTER NOTICE S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Writ Petition(Civil) No.657/1995 RESEARCH FOUNDN. FOR SCIENCE Petitioner (s) VERSUS U O I & ANR. Respondent (s) ( with appln.(s) for directions and impleading party and exemption from filing O.T.) (for Further Orders) with SLP(C) No. 16175/1997 (for preliminary hearing) (Dr. Surendra Dhelia vs. U O I & Ors.) (with appln.(s) for ex-parte stay and impleading party and intervention) C.A. No. 7660/1997 (UOI & Ors. vs. Goyal Impex & Inds. Ltd. & Ors.) (with office report) Date : 04/02/2002 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.N. KIRPAL HON'BLE MR. JUSTICE ARIJIT PASAYAT In WP(C) No. 657/95@@ CCCCCCCCCCCCCCCCCCC For Petitioner (s) Mr. Sanjay Parikh, Adv. For Respondent (s) UoI Mr. A D N Rao, Adv. Mr. Krishan Mahajan and V B Gugnani, Advs. Ms. Sushma Suri, Adv. (NP) Ms. Anil Katiyar, Adv. (NP) CPCB Mr. Vijay Panjwani, Adv. Bombay Port Trust Mr. B A Ranganadhan, Adv. for M/s. JBD & Co. MP PCB Mr. Satish K Agnihotri, Adv. Mr. Rohit Kumar Singh, Adv. State of Madhya Pradesh Mr. S K Agnihotri, Adv. MPCB Mr. R C Verma, Adv. Ms. Neeta Sinha and Mr. Mukesh Verma, Advs. State of Gujarat, Ms. Hemantika Wahi, Adv. State of Mizoram and Ms. Sadhna Sandhu, Adv. GPCB APPCB Mr. Nikhil Nayyar, Adv. for Ms. Urmila Sirur, Adv. ...2/- .PA :2: WBPCB & TNPCB Mr. R Mohan, Sr. Adv. with Mr. V G Pragasam, Adv. Pondicherry PCB and Mr. V G Pragasam, Adv. Govt. of Pondicherry State of Meghalaya Mr. Ranjan Mukherjee, Adv. UPPCB Mr. Pradeep Misra, Adv. State of Tripura Mr. Gopal Singh, Adv. Mr. Rahul Singh, Adv. State of Manipur Mr. Khwairakram Nobin Singh, Adv. State of Andhra Pradesh Mr. T V Ratnam, Adv. Mr. K Subba Rao, Adv. Mr. Anil Kumar Tandale, Adv.(NP) State of Arunachal Pradesh & APPCB Mr. Anil Shrivastav, Adv. State of Orissa Mr. Radha Shyam Jena, Adv. State of Nagaland Mr. Sanjay K Shandilya, Adv. Ms. V.D. Khanna, Adv. State of Assam Ms. Krishna Sarma, Adv. Ms. Asha G Nair and Mr. V K Sidatharan, Advs. for M/s. Corporate Law Group, Advs. State of U.P. Mr. Ajay K Agrawal, Adv. Mr. Y P Singh, Adv. State of Bihar Ms. Sunita R Singh, Adv. Mr. B B Singh, Adv. State of Karnataka Mr. S R Hegde and Mr. Satya Mitra,Advs. Karnataka State Mr. E C Agrawala, Adv. PCB Mr. Rishi Agrawal and Mr. Mahesh Agrawal, Advs. State of West Bengal Mr. Dilip Sinha, Adv. Mr. J R Das, Adv. for M/s. Sinha & Das, Advs. State of Sikkim Mr. A Mariarputham, Adv. Ms. Aruna Mathur, Adv. Mr. Anurag D Mathur, Adv. for for M/s. Arputham Aruna & Co.,Advs. State of Meghalaya Mr. Ranjan Mukherjee, Adv. State of Himachal Pradesh Mr. Naresh K Sharma, Adv. State of Maharashtra Mr. S V Deshpande, Adv. State of J & K Mr. Mr. Anis Suhrawardy, Adv. ...3/- .PA :3: HSPC Board Mr. Mahabir Singh, Adv. Mr. Ajay Pal, Adv. State of Rajasthan Mr. Ranji Thomas, Adv. Mr. Javed M Rao, Adv. Mr. K M Shukla, Adv. Mr. Anil Kumar Jha, Adv. Ms. Manik Karanjawala, Adv. Mr. K B Rohtagi, Adv. Mr. Ashok Mathur, Adv. Mr. Shakil Ahmed Syed, Adv. Mr. Rakesh K Sharma, Adv. in IA 3 in CA 7660/97@@ CCCCCCCCCCCCCCCCCCCCC For Appellant (s) Mr. B K Prasad, Adv. For Respondent (s) Mr. K K Gupta, Adv. Mr. Pramod Dayal, Adv. Mr. Sushil Kumar Jain, Adv. Mr. B V Balaram Das, Adv. Mr. S K Dwivedi, Adv. Mr. Sanjay Parikh, Adv. In SLP(C) 16175/97@@ CCCCCCCCCCCCCCCCCC For Petitioner(s) Ms. B Vijayalakshmi Menon, Adv. For Respondent(s) Mr. Jayant Bhushan, Adv. Mr. S R Hegde, Adv. ........L.......I.......T.......T.......T.......T.......T.......T.....J....R UPON hearing counsel the Court made the following O R D E R ........L.......I........T........T.......T.......T.......T.......J On 3rd December, 2001, an order was passed by this Court, after it had been brought to its notice by Shri Parikh that there has been large scale disappearance of waste from the ports and this information was available for quite some time, and the Union of India was required to conduct an inquiry and file an affidavit within seven weeks indicating what steps have been taken in this regard. Mr. A D N Rao, Adv. has filed in Court an Office Order dated 31st January, 2002 of the Ministry of Environment & Forest, whereby an 8-Member Committee has been constituted and three months' time has been given to the Committee to ...4/- .PA :4: complete the work of verifying the inventory of hazardous wastes and identifying shortages, etc. The order of 3rd December, 2001 had expected the work to be completed within seven weeks but what has happened now is that realising the fact that the case is listed for hearing today the office order of 31st January, 2002 has been produced before us. No affidavit has been filed so far and Mr. A D N Rao seeks 12 weeks' time for doing the needful. Our attention has also been drawn to this Court's order dated 14th September, 2001 where the Solicitor General had made a statement that a large part of waste oil which was contaminated had been imported and an application for direction for disposal of the same by applying the principle of `pollutor pays' would be filed. No such application has been filed and information is also not available as to what has happened to this contaminated waste oil nor has the Court been informed of the names of the person who had imported the said contaminated waste oil under the garb of lubricating oil. It appears to us that the orders passed by this Court are not taken as seriously as they should be. We now direct the Secretary, Ministry of Environment & Forests to file affidavits in compliance of this Court's orders dated 14th September, 2001 and 3rd December, 2001 within 12 weeks. Because of the non-compliance with this Court's orders, the Ministry of Environment shall also pay Rs.10,000/- as costs. The Government will be at liberty to recover the costs from the officials who were negligent in not complying with this Court's orders. List after 12 weeks. (D.P. WALIA) (S.L. GOYAL)@@ AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA COURT MASTER COURT MASTER @@ A AAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAAA