Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | HAZARDOUS WASTE |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | HAZARDOUS WASTE (MANAGEMENT AND HANDLING) RULES, 1989: r. 5 (2) -- Allotment of area to petitioner to collect, treat, recycle, reprocess, store and dispose of hazardous waste - Subsequently, allotment to another concern also - Writ petition by petitioner challenging the order of curtailment - Held: The order is not patently unjust or illegal on the existing facts of the case - In view of the order of allocation specifically determining the territory which has been allotted to petitioner and fifth respondent, order of High Court as also of appellate authority do not need to be interfered with as High Court is correct and justified in holding that petitioner would not encroach upon the territory which falls beyond the territory which had been allotted to it -- As long as competence and authority of Maharashtra Pollution Control Board and Department of Environment, Government of Maharashtra is not struck down as illegal and invalid by any court of competent jurisdiction, it is not open for petitioner to assail their authority for the first time before Supreme Court at the stage of special leave to appeal, specially when the question had not been raised by petitioner before High Court -- Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008 - Constitution of India, 1950 - Art. 136. |
Judge | N/A |
Neutral Citation | 2013 INSC 300 |
Petitioner | Mumbai Waste Management Ltd. |
Respondent | Secretary Of Environment Government Of India & Ors. |
SCR | [2013] 6 S.C.R. 1153 |
Judgement Date | 2013-05-02 |
Case Number | 18394-95 |
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