RAJNISH AWASHTI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Validity of Annexure P/2 order dated 05.02.2020, issued by the 3rd Respondent, who is the Member Secretary of t2nd Respondent-Chhattisgarh Environment Conservation Board, virtually superseding the specific norms / directions issued by the 2nd Respondent-Board itself (as per Annexure P/1 proceedings dated 29.05.2018) whereby free movement of 'Hazardous Wastes' into and from the State is facilitated without setting up any storage facility in terms of Rule 16 of the Hazardous and Other Wastes (Management and Transboundary Movement) Rules, 2016 (hereinafter referred as 'Rules, 2016') is put to challenge in this writ petition filed as a 'Public Interest Litigation'.

(2.) It is contented that the 3rd Respondent-Member Secretary has no power or authority to have issued Annexure P/2 and that he has further delegated the power of the 2nd Respondent-Board, vide Annexure P/2, to the Regional Managers for granting clearance for setting up the industries, which is totally illegal and unsustainable in all respects.

(3.) The prayers in the writ petition are in the following terms: