DR. D.Y. CHANDRACHUD, J.

1. The Petition is filed by an association representing eleven Container Freight Stations, who claim to handle nearly eighty per cent of the local container cargo at NhavaSheva. The Petitioner challenges (i) Circular 4/2011; (ii) Public Notice 8/2011; (iii) A check list issued under a letter dated 3 March 2011, as modified by a letter dated 6 April 2011. The Petitioner contends that these are unconstitutional and ultra vires Articles 14 and 19(1) (g) of the Constitution, the Environment (Protection) Act, 1986 and the Dangerous Goods (Arrival, Receipt, Transport, Handling and Storage) in Jawaharlal Nehru Port Regulations, 2007. The bone of contention in the present case relates to the prescription of a distance to be maintained between general cargo and hazardous cargo at Container Freight Stations or, as the case may be, Inland Container Depots.

2. Section 45 of the Customs Act, 1962 provides that all imported goods unloaded in a Customs area, shall remain in the custody of such person as may be approved by the Commissioner of Customs until they are cleared for home consumption or are warehoused or transhipped in accordance with the provisions of