Delhi High Court Pulls Up CPCB and DPCC for Passing the Buck on Hazardous Waste

Court Warns of Stringent Directions as Container of Toxic Waste Languishes for Four Years

The Delhi High Court has strongly rebuked the Central Pollution Control Board (CPCB) and the Delhi Pollution Control Committee (DPCC) for what it termed a "typical instance of passing the buck " over the disposal of hazardous waste lying at the Inland Container Depot (ICD) in Tughlakabad. A Division Bench of Justice Anil Kshetarpal and Justice Shail Jain made the observation while hearing a petition by Safelogic Freight Agency LLC , which had imported a container that was later found to contain plastic trash instead of the declared aluminum scrap.

A Tale of Abandoned Waste and Shifting Blame

The case dates back nearly four years when an importer misdeclared goods and brought in hazardous plastic waste. The importer subsequently absconded, leaving a stuffed container of PVC regrind stranded at the yard of the Container Corporation of India. Customs authorities insisted that the container be destuffed and returned to the petitioner, while the yard operator claimed it lacked adequate space for such an operation.

After initial hearings, the Court impleaded the CPCB and DPCC as respondents, expecting them to facilitate safe disposal of the hazardous material. However, when the matter came up on August 20, 2026, the Court found that neither body was willing to take ownership of the problem.

The Court’s Sharp Observations

“This Court is of the opinion that the present case is a typical instance of passing the buck. Neither the Central Pollution Control Board (CPCB) nor the Delhi Pollution Control Committee (DPCC) is willing to assume responsibility for the disposal of the hazardous goods,” the Bench noted.

Highlighting the sheer duration of the inaction, the Court recorded: “The Container has, in the meantime, remained lying in the yard of the Container Corporation of India for the last four years.”

The judges recalled that on July 29, 2026, they had granted a final opportunity to respondents to reconcile their differences, but even after 20 days, no substantive action was taken. The Court expressed displeasure that the dispute appeared “driven more by ego than any question of law.”

Final Chance and Concrete Directions

Granting one last opportunity to resolve the controversy, the Court warned that failure would compel it to pass “appropriate and stringent directions.” To ensure tangible progress, the Bench directed the Chief Scientist or senior-most scientist of both the CPCB and DPCC to personally visit the ICD, Tughlakabad, and submit a report setting out how the hazardous goods can be safely and lawfully disposed of.

The matter is listed for further hearing on August 24, 2026, by which time the report must be ready.

Implications and Next Steps

This judgment underscores the judiciary’s frustration when regulatory bodies abdicate their statutory duties, particularly in matters involving public health and environmental safety. The direction for scientists to visit the site and propose a disposal plan shifts the burden from bureaucratic finger-pointing to evidence-based action. It also serves as a stark reminder that delays in handling hazardous waste can invite judicial ire and mandatory compliance orders. All eyes will now be on the CPCB and DPCC as they prepare their report under the Court’s looming deadline.