- (1.)When this matter came up before this Court on 26-11-2013, a sorry state of affairs was noted that in spite of the judgment rendered by this Court in Research Foundation for Science, Technology and Natural Resource Policy v. Union of India and Ors., 2012 6 SCALE 253 containers referred to in paragraph 16 of the judgment were lying without incineration. We had asked on that very day Mr. S.R. Singh, learned senior appearing for the Union of India as to why this was the state of affairs. He said that he will take instructions to file an affidavit and four weeks' time as sought was granted. The order passed on 26-11-2013 stated that the affidavit must state whether there are any other containers which are hazardous and are yet to be incinerated, and if so, that should also be placed on record. Nothing as directed was done by the Government though the matter has reached more than eight weeks thereafter. Now, we are informed that some 212 containers are lying with damaging contents of waste oil and various other wastes and so on. One is not very sure of the exact number of containers because different figures are given on different dates. Today we are told that testing of samples of these containers was done way back on 8-5-2007. If that is so, we fail to understand as to why no steps were taken thereafter, unless the test reports state that those containers contain nothing hazardous. This shows a complete apathy on the part of the Government as can be clearly seen from the conduct of the Government and various agencies which are involved in this matter.
(2.)Mr. Rakesh Khanna, learned Additional Solicitor General has thereafter collected some more information and he informs us that an affidavit will be filed on Monday i.e. 17th February, 2014 placing on record the following aspects:
(a) The number of containers of hazardous waste which are lying in the area of JNPT or in the adjoining areas of JNPT where these containers are dumped in warehouses.

(b) The test reports with dates and particulars reflecting on the contents of these containers will be placed along with an affidavit by the Central Government/Customs Department.

(c) The place where the incineration will be carried out and the agency by whom it will be done, will also be specified in this affidavit.

(3.)Mr. Vikas Singh, learned senior counsel appearing for JNPT states that JNPT will furnish full information about the containers to the Chief Commissioner of Customs, Mumbai. A senior officer of the JNPT will state it on affidavit as to in whose custody and in which warehouses all these containers are lying.