2022 (11) TMI 112

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..... the carrier, to re-export hazardous waste contained in 13 containers to the respective countries of export at their own cost, immediately. 2. This writ petition has been pending on the file of this Court since 2018. Pending writ petition, my predecessor had impleaded the Tamil Nadu Pollution Control Board on 14.06.2021 in the following terms: On account of efflux of time, the nature of goods now lying with the custody of the third respondent and its status is to be ascertained for the purpose of proceeding with the matter. The writ petition is pending for about three years and the respective learned counsels appearing on behalf of the parties are also of the opinion that the nature of the goods, whether it is hazardous or not and the pre .....

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..... ws: 7.It is respectfully submitted that based on the above order the following 13 Nos. of containers bearings numbers were scanned through the scanning facility available in the Chennai Port Trust on 05.08.2022 in the presence of TNPCB officials i. GESU4474574 ii. MSCU7796616 iii. MSCU7982930 iv. MSCU8048460 v. INKU6690348 vi. MEDU8577840 vii. MSCU8265450 viii. MSCU8709637 ix. TRLU6975304 x. MSCU7190655 xi. MSCU8765733 xii. MEDU8155655 xiii. MSCU9416253 8.The scanned images of the containers are enclosed in Annexure I. It is submitted that from the images it can be seen that the materials loaded inside the containers could not be differentiated / identified. Hence, it is submitted that all the containers may be .....

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..... mages of the containers are enclosed in Annexure I. It is submitted that from the images it can be seen that the materials loaded inside the containers could not be differentiated/identified. hence, it is submitted that all the containers may be unloaded and physically verified in order to ensure that the containers contain only recyclable crushed pet bottles and plastic bags. If the materials are only crushed pet bottles, then the same may be sent for recycling to the facility authorized by TNPCB/CPCB. If the materials are found to be Hazardous Waste, the same shall be disposed off as per the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016. 5. The third respondent, All Cargo Logistic Ltd., the Container Frei .....

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