Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Environmental Law: -..i. Hazardous Wastes (Management and Handling) Rules 1989-Rule J 5(2)-E Law of Torts: Precautionary principle and Pollutor pays principle-Meaning of- Explained-Environmental law. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Disposed Off |
Headnote | Environmental Law: Hazardous Wastes (Management and Handling) Rules, 1989-Rule 15(2)-Environment Pollution-Import of 133 containers of waste oil in the garb of Lubricating oil/Furnace oil-Lying at the Nheva Sheva Port for 4 months-Laboratory tests confirmed the Hazardous nature of oil-Many of the containers exploded causing grave damage to the environment-Writ Petition seeking disposal option for such waste oil to prevent serious damage to environment-Held, appropriate course to protect environment is destruction of consignment by incineration-Re-export of oil was possible within 30 days and after 4 years 'delay' same is ruled out, the only option is one time disposal-Authorities directed to expedite incineration-Importers liable to deposit cost of incineration on 'Pollutor Pays' principle-Environment Protection Act, 1986. E International convention: Basel convention-Parameters fixed by, are only guidelines-National law laying stricter condition to prevail. Law of Torts: Precautionary principle and Pollutor pays principle-Meaning of Explained-Environmental law. The question which arose in present Writ Petition is limited to environment issue i.e. whether the hazardous waste oil allegedly imported illegally as Lubricating oil/Furnace oil needs to be incinerated/destroyed in the interest of Environment and whether this matter could be compromised having regard to the laws of other country. |
Judge | Honble Mr. Justice Y.K. Sabharwal |
Neutral Citation | 2005 INSC 11 |
Petitioner | Research Foundation For Science Technology And Natural Resources Policy |
Respondent | Union Of India And Anr. |
SCR | [2005] 1 S.C.R. 115 |
Judgement Date | 2005-01-05 |
Case Number | 657 |
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