Non-compliance with court orders may result in the imposition of costs and further directions by the court.

Headnote:
Non-compliance - Ministry of Environment and Forests - The court directed the Ministry of Environment and Forests to file affidavits in compliance with previous court orders and imposed a cost of Rs 10,000 due to non-compliance.
Fact of the Case:

The Ministry of Environment and Forests failed to comply with previous court orders to file affidavits regarding the large-scale disappearance of waste from the ports and the disposal of contaminated waste oil.
Finding of the Court:

The court found that the orders passed by the Ministry of Environment and Forests were not taken seriously and directed the Ministry to file affidavits within 12 weeks, imposing a cost of Rs 10,000 due to non-compliance.
Issues: Non-compliance with court orders by the Ministry of Environment and Forests.
Ratio Decidendi: The court held that non-compliance with court orders would result in the imposition of costs and directed the Ministry of Environment and Forests to file affidavits within 12 weeks.
Final Decision: The Ministry of Environment and Forests was directed to file affidavits within 12 weeks and was imposed a cost of Rs 10,000 due to non-compliance. The case was listed after 12 weeks.

ORDER

1. ON 3-12-20011, AN ORDER WAS PASSED BY THIS COURT, AFTER IT HAD BEEN BROUGHT TO ITS NOTICE BY SHRI PARIKH THAT THERE HAS BEEN LARGE-SCALE DISAPPEARANCE OF WASTE FROM THE PORTS AND THIS INFORMATION WAS AVAILABLE FOR QUITE SOME TIME, AND THE UNION OF INDIA WAS REQUIRED TO CONDUCT AN INQUIRY AND FILE AN AFFIDAVIT WITHIN SEVEN WEEKS INDICATING WHAT STEPS HAVE BEEN TAKEN IN THIS REGARD. MR A.D.N. RAO, ADVOCATE HAS FILED IN COURT AN OFFICE ORDER DATED 31-1-2002 OF THE MINISTRY OF ENVIRONMENT AND FORESTS, WHEREBY AN EIGHT-MEMBER COMMITTEE HAS BEEN CONSTITUTED AND THREE MONTHS TIME HAS BEEN GIVEN TO THE COMMITTEE TO COMPLETE THE WORK OF VERIFYING THE INVENTORY OF HAZARDOUS WASTES AND IDENTIFYING SHORTAGES, ETC. THE ORDER OF 3-12-20011 HAD EXPECTED THE WORK TO BE COMPLETED WITHIN SEVEN WEEKS BUT WHAT HAS HAPPENED NOW IS THAT REALISING THE FACT THAT THE CASE IS LISTED FOR HEARING TODAY THE OFFICE ORDER OF 31-1-2002 HAS BEEN PRODUCED BEFORE US. NO AFFIDAVIT HAS BEEN FILED SO FAR AND MR A.D.N. RAO SEEKS 12 WEEKS TIME FOR DOING THE NEEDFUL.

2. OUR ATTENTION HAS ALSO BEEN DRAWN TO THIS COURTS ORDER DATED 14-9-20012 WHERE THE SOLICITOR GENERAL HAD MADE A STATEMENT THAT A LARGE PART OF WASTE OIL WHICH WAS CONTAMINATED HAD BEEN IMPORTED AND AN APPLICATION FOR DIRECTION FOR DISPOSAL OF THE SAME BY APPLYING THE PRINCIPLE OF

"POLLUTER PAYS" WOULD BE FILED. NO SUCH APPLICATION HAS BEEN FILED AND INFORMATION IS ALSO NOT AVAILABLE AS TO WHAT HAS HAPPENED TO THIS CONTAMINATED WASTE OIL NOR HAS THE COURT BEEN INFORMED OF THE NAMES OF THE PERSONS WHO HAD IMPORTED THE SAID CONTAMINATED WASTE OIL UNDER THE GARB OF LUBRICATING OIL. .

3. IT APPEARS. TO US THAT THE ORDERS PASSED BY THIS COURT ARE NOT TAKEN AS SERIOUSLY AS THEY SHOULD BE. WE NOW DIRECT THE SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS TO FILE AFFIDAVITS IN COMPLIANCE WITH THIS COURTS ORDERS DATED 14-9-20012 AND 3-12-200TI WITHIN 12 WEEKS. BECAUSE OF THE NON-COMPLIANCE WITH THIS COURTS ORDERS, THE MINISTRY OF ENVIRONMENT SHALL ALSO PAY RS 10,000 AS COSTS. THE GOVERNMENT WILL BE AT LIBERTY TO RECOVER THE COSTS FROM THE OFFICIALS WHO WERE NEGLIGENT IN NOT COMPLYING WITH THIS COURTS ORDERS.

4. LIST AFTER 12 WEEKS.

COURT MASTERS

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