K PURUSHOTHAM REDDY Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner by this writ application has prayed for issuance of a writ in the nature of mandamus directing the respondents to strictly follow the rules known as 'Hazardous Waste (Management and Handling) Rules, 1989' (for short, 'the Rules') while handling and disposing the used oil for re-refining or re-processing and also disposal of the waste generated during the process.

(2.) Andhra Pradesh State Road Transport Corporation is one of the biggest consumers of the lubricating oils. The lubricating oils used by the A.P. State Road Transport Corporation and various others are recycled for the purpose of their being reused. The allegation made in the writ application is that no authorisation therefor is obtained and some persons are purchasing used oil from the users of the lubricating oils, including the A.P. State Road Transport Corporation and A.P. State Electricity Board, for the purpose of refining the same with various chemicals, as a result whereof serious threat to environment is being caused. By reason of such process, without taking precautionary measures, even the quality of the underground water is affected. The petitioner contends that:

(3.) A counter-affidavit has been filed on behalf of the 3rd respondent wherein, inter alia, it has been contended that the Corporation had entered into several agreements with the reclaiming companies and the used oil is being collected in sealed barrels from its depots and transported to the reclaiming units, wherefor the Corporation has also obtained licence in Form-II.