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2017 Supreme(Ker) 962

K.SURENDRA MOHAN, MARY JOSEPH
Indian Rare Earths Limited, Udyogamandal, Represented by its Chief General Manager – Appellant
Versus
State of Kerala, Chief Secretary to Government – Respondent


Advocates Appeared:
For the Petitioner:E.K. Nandakumar, P. Benny Thomas, K. John Mathai, Benny P. Thomas, Advocates.
For the Respondents:Pooja Ravindran, Government Pleader, M.K. Chandra Mohandas, SC, Daisy A. Philpose, T. Naveen, SC, Daisy A. Philipose, Advocates.

JUDGMENT :

Surendra Mohan, J.

1. The petitioner in W.P.(C) No. 15311 of 2009 is in appeal challenging the judgment dated 20.10.2009 of the learned Single Judge dismissing the writ petition.

2. The appellant is a Government of India undertaking and a unit of the Indian Rare Earths Limited engaged in activities like beach sand mining, mineral separation and processing. The Company has an industrial unit at Udyogamandal. It is engaged in the extraction of Uranium from Thorium concentrate. It has been functioning for the past five decades. The activities of the appellant unit are regulated by the Atomic Energy Act, 1962 (‘Atomic Energy Act’ for short). The industrial wastes generated in the factory are radioactive wastes coming within the purview of the Atomic Energy Act. Therefore, it is contended that, the Hazardous Waste (Management, Handling and Transboundary Movement) Rules, 2008 (hereinafter referred to as ‘HW Rules’) do not govern the manner of disposal of such wastes. For disposal of the wastes generated by the unit of the appellant, they have the necessary authorization from the Atomic Energy Regulatory Board. For the purpose, they have established disposal sites within their pre

































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