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Treatment of hazardous wastes: HC `no' to environmentalists' plea
Our Legal Correspondent
Chennai
March 16
The Madras High Court has rejected a public interest litigation preferred by environmental protectionists and others in Thiruvallur District pleading for quashing a Tamil Nadu Government order dated May 17, 2005, notifying a site measuring 66 acres in Export Promotion Park, SIPCOT Industrial Complex at Gummidipoondi for setting up facility for treatment, storage & disposal of hazardous wastes generated from industries located at Thiruvallur, Kancheepuram & Chennai.
The Supreme Court, in its order dated October 14, 2003, directed that no Court or authority should take cognisance or entertain any challenge connected with implementation of the above order.
The First Bench, comprising Chief Justice Mr A.P. Shah and Mr Justice K. Chandru, referred to the apex court's direction and said that the court was unable to entertain the writ petition questioning the impugned order of Tamil Nadu Government. The petitioner contended that only after Environment Impact Assessment study, the State Government could identify a site for waste disposal. This and other conditions were violated. Therefore, the GO should be quashed.
A monitoring committee had been constituted and it had been monitoring locations of dump yard. The Advocate General submitted that there was no violation of the Hazardous Waste (Management & Handling) Rules, 1989, as amended in 2000 & 2003.
The Bench noted that petitioners had no answer to various contentions raised by respondents, and it was unfortunate that the order of the Supreme Court was not brought to notice of the court by petitioner and also by some of respondents.
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