INDIAN RARE EARTHS LTD. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner in W.P.(C) No. 15311 of 2009 is in appeal challenging the judgment dated 20/10/2009 of the learned Single Judge dismissing the writ petition.

(2.) The appellant is a Government of India undertaking and a unit of the Indian Rare Earths Limited engaged in activities like beach sand mining, mineral separation and processing. The Company has an industrial unit at Udyogamandal. It is engaged in the extraction of Uranium from Thorium concentrate. It has been functioning for the past five decades. The activities of the appellant unit are regulated by the Atomic Energy Act, 1962 ('Atomic Energy Act' for short). The industrial wastes generated in the factory are radioactive wastes coming within the purview of the Atomic Energy Act. Therefore, it is contended that, the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008 (hereinafter referred to as 'HW Rules') do not govern the manner of disposal of such wastes. For disposal of the wastes generated by the unit of the appellant, they have the necessary authorization from the Atomic Energy Regulatory Board. For the purpose, they have established disposal sites within their premises in terms of the licence and plan approved by the Atomic Energy Regulatory Board.

(3.) While so, as per an order passed by the Supreme Court in W.P.(C) No. 657 of 1995, a Committee called the Supreme Court Monitoring Committee on Hazardous Wastes ('Monitoring Committee' for short) was constituted for the purpose of ensuring that the directions issued by the Supreme Court from time to time in the said writ petition were implemented effectively and in a timely manner. The Monitoring Committee was given the liberty to co - opt a representative of the State Government or the State Pollution Control Board or any other person or authority as member of the said Committee, as deemed fit. The Monitoring Committee was to file quarterly reports before the Apex Court. The order appointing the Monitoring Committee is evidenced in these proceedings by Ext.P2.