ITEM NO.1A (Judgment) COURT NO.3 SECTION PIL 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 OF 1995 RESEARCH FOUNDN. FOR SCIENCE TECHNOLOGY AND NATURAL RESOURCES POLICY Petitioner(s) VERSUS U O I & ANR. Respondent(s) With S.L.P.(C) No.16175/1997 & C.A.no.7660/1997 (HEARD BY HON'BLE Y.K. SABHARWAL AND S.H. KAPADIA, JJ.) Date: 05/01/2005 These Petitions were called on for pronouncement of judgment today. CORAM : HON'BLE MR. JUSTICE Y.K. SABHARWAL HON'BLE MR. JUSTICE D.M. DHARMADHIKARI For Appearing Parties: Mr. Sanjay Parikh,Adv. Mr. D.K. Sinha, Adv. Mr. Janaranjan Das, Adv. Mr. Swetaketu Mishra, Adv. Ms. Moushumi Gahlot, Adv. for M/s.Sinha & Das, Advs. Mr. V.G. Pragasam, Adv. Mr. J.R.Das, Adv. Mr. Swetaketu Mishra, Adv. Ms. Moushumi Gahlot, Adv. Mr. Gopal Singh, Adv. Mr. Anurag Sharma, Adv. Mr. Rituraj Biswas, Adv. Mr. Ajay Sharma, Adv. Mrs. Hemantika Wahi, Adv. Mrs. Sadhana Sandhu, Adv. Mrs. Manik Karanjawala, Adv. Mr.K.B.Rohtagi, Adv. Mr. R.C. Verma, Adv. Mr. Ashok Mathur, Adv. Mr. Shakil ahmed Syed, Adv. 1 Mr. Pradeep Misra, Adv. Mr. KH. Nobin Singh, Adv. Mr. B.B. Singh, Adv. Mr. Anil Shrivastav, Adv. Mr. T.V.Ratnam, Adv. Mr. Mukesh K. Giri, Adv. Mr. Rakesh K. Sharma, Adv. Mr. R.S. Jena, Adv. Mrs. Urmila Sirur, Adv. Ms. Sushma Suri, Adv. Mr. Anil Kumar Jha,Adv. Mrs. Anil Katiyar, Adv. Mr. Kamlendra Mishra, Adv. Mr. Sanjay R. Hegde, Adv. M/s. J.B.D. & Co., Advs. M/s. Corporate Law Group, Advs. Mr. Javed M. Rao, Adv. Ms. Sumita Hazarika, Adv. Mr. Ejaz Maqbool, Adv. Ms. Bina Gupta, Adv. Ms. S.Janani, Adv. Mr. D.N. Mishra, Adv. Mr. Atishi Dipankar, Adv. Mr. Nikhil Nayyar, Adv. Mr. B.K. Prasad, Adv. Mr. Pramod Swarup, Adv. Ms. B. Vijayalakshmi Menon, Adv. Mr. K.K. Gupta, Adv. Mr. Sushil Kr. Jain, Adv. UPON hearing counsel the Court made the following O R D E R Hon'ble Mr. Justice Y.K.Sabharwal pronounced the judgment of the Court. "..........we have no manner of doubt that the only appropriate course to protect environments is to direct the destruction of the consignments by incineration in terms discussed above and as recommended by the Monitoring Committee. It seems that by disposal of the oil under the supervision of Monitoring Committee at the incinerators which have adequate facilities to destroy the oil at a required temperature, there would be no impact on environments. In regard to 170 containers referred to in the report of the Commissioner of Customs which are also lodged in the same premises in more or less same condition, the Monitoring Committee has noted that these containers have not been claimed by the importers. The details of the importers of these consignments are not on record. Before we issue directions in respect of these 170 containers, it would be necessary to have on record the details of these imports. The concerned authorities i.e., Jawaharlal Nehru 2 Port or Mumbai Port and all other concerned Departments are directed to furnish to the Monitoring Committee within four weeks up to date information as to the import of the 170 containers, how the consignment was dealt with 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. The aforesaid 133 containers are directed to be expeditiously destroyed by incineration as per the recommendations of the Monitoring Committee and under its supervision subject to and in terms of this order. The cost of incineration shall be deposited by the importers with the Monitoring Committee within four weeks. The Monitoring Committee will ensure the timely destruction of the oil at the incinerators mentioned in its report. After the destruction of the oil in question, a compliance report shall be filed by the Monitoring Committee. All concerned are directed to render full assistance and cooperation to the Monitoring Committee. In regard to the consignment of Eleven Star Esscon, in case option for recycling is exercised by the Government, the recycling would be done under the supervision of the Monitoring Committee. If the request for recycling is not received by the Monitoring Committee within four weeks, the said consignment would also be destroyed in the same manner as the other consignments." REPOTABLE. (N. Annapurna) (V.P. Tyagi) Court Master Court Master (Signed Judgment is placed on the file.) 3