Background

The petitions were filed by two paper manufacturing companies seeking permission either to re-export imported municipal waste consignments to Dubai or dispose of them within India after customs authorities found that the shipments contained prohibited municipal solid waste instead of recyclable waste paper.

Following adjudication, customs authorities confiscated the consignments, imposed penalties and directed that the waste be returned to the countries from which it originated.

Court's Observations

Justice D. Bharatha Chakravarthy held that Rule 15(2) of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 permits only re-export to the country of origin and does not authorise diversion to a third country.

The Court further observed that knowingly importing prohibited municipal waste could also attract criminal liability under Section 152 of the Bharatiya Nyaya Sanhita.

Environmental Concerns

The Bench rejected the request to dispose of the waste within India, observing that such a course would defeat the very object of environmental legislation and India's obligations under the Basel Convention.

Describing attempts by developed nations to shift their waste burden onto developing countries as 'waste colonialism', the Court stressed that India cannot become a global dumping ground.

Decision

The High Court dismissed all writ petitions, upheld the customs authorities' orders directing re-export of the waste to its country of origin, and refused waiver of detention, storage and demurrage charges.