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2021 Supreme(Guj) 252

VIKRAM NATH, BHARGAV D.KARIA
MESSRS SATGURU POLYFAB PVT. LTD. – Appellant
Versus
UNION OF INDIA – Respondent


Advocates Appeared:
For the Petitioner: MR PARESH M DAVE
For the Respondents: MR PY DIVYESHVAR, MR PARTH BHATT and MR PRIYANK LODHA

ORDER :

BHARGAV D. KARIA. J.

1. We have heard Shri Paresh M. Dave, learned counsel for the petitioners, Shri Priyank Lodha, Shri Parth Bhatt and Shri P.Y. Divyeshvar,

learned counsels appearing for the respondents.

2. Since the issue involved in all these petitions is common, they have been heard together and would be disposed of by this common order. For the sake of convenience, the facts are recorded from Special Civil Application No.1424/2020 taking it as a lead matter.

3. The petitioners have challenged Rule 2(vi)(a) of the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment, Rules, 2019 (For short “Rules, 2019”) whereby by “Note Import is permitted to units in Special Economic Zone (For short “SEZ”) and Export Oriented Units notified by the Central Government” was omitted in Schedule VI against Basel No.B3010 in column

(2). Basel No. B3010 pertaining to Solid Plastic Waste Polymethyl Methacrylate was omitted from Schedule III, Part D of the Hazardous and Other Wastes (Management and Transboundary Movement) Amendment, Rules, 2016. (For short “the Rules, 2016”)

4. The petitioners were allowed to import by virtue of license i.e. letter of approval raw materials

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