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2013 Supreme(SC) 1167

GYAN SUDHA MISRA, J.CHELAMESWAR
Mumbai Waste Management Ltd. – Appellant
Versus
Secretary of Environment, Government of India – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Shailesh K. Kapoor, Ajay Kumar, Rajan Singh and Rameshwar Prasad Goyal, Advs.
For the Respondents: P.S. Patwalia, Sr. Adv., Jayant Kumar, Sadhna Mahashabde, Dharitry Phookan, Vivek Vishnoi,Mukesh Verma, Pawan Kumar Shukla and Yash Pal Dhingra, Advs.

ORDER :

1. Extensive arguments were advanced by the counsel for the Petitioner at the admission stage itself who has assailed the order passed by the High Court of Judicature at Bombay in Writ Petition No. 3953/2011 whereby the High Court was pleased to dismiss the writ petition directing the Petitioner not to encroach upon the area of operation allotted by Respondent No. 2, Secretary of Environment, Government of India to any other facility except its own.

2. The Petitioner-Mumbai Waste Management Ltd. (shortly referred to as 'MWM') in writ petition No. 3953/2011 out of which present SLP arises was issued the letter of award to collect, treat, recycle, reprocess, store and dispose of hazardous waste from the area allotted to the Petitioner. Similarly, the Respondent No. 5 SMS Infrastructure Ltd. was also issued the letter of consent on 27.10.2005 for treatment, storage and disposal facility of hazardous waste from the area allotted to Respondent No. 5. The areas were determined upon certain geographical criteria. The Petitioner-MWM has been allotted the Westernmost Belt of Maharashtra consisting of districts of Thane, Raigad, Ratnagiri and Sindudurg outside Bombay. Similarly, Respon















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