Delhi HC raps CPCB, DPCC over toxic waste in Tughlakabad container for 4 years
Synopsis
Key Takeaways
The Delhi High Court has sharply rebuked the Central Pollution Control Board (CPCB) and the Delhi Pollution Control Committee (DPCC) for failing to take responsibility for the safe disposal of hazardous plastic waste that has been sitting in a cargo container at an inland container depot in Tughlakabad, southeast Delhi, for over four years. The court issued a final warning on 20 August, directing both agencies to resolve their differences within a week and submit disposal plans.
What the Court Said
A bench comprising Justice Anil Kshetarpal and Justice Shail Jain expressed strong displeasure, observing that it was 'unfortunate' that both pollution control bodies were attempting to pass the buck rather than address the problem. The court warned it would be compelled to issue stern directions against officials of both agencies if they continued to evade accountability. The next hearing has been scheduled for 24 August.
Background: How the Container Got Stranded
The case stems from a petition filed by a freight agency seeking the return of its container. According to court records, an importer allegedly declared the goods as aluminium while actually importing hazardous plastic waste — providing false information to customs authorities. The importer subsequently absconded, leaving the container, packed with toxic material, stranded at the Tughlakabad Inland Container Depot.
The depot authorities had earlier refused to unlock the container, which is suspected to hold toxic waste. During proceedings, Customs officials indicated they favoured emptying the container and returning it to the freight company, but no consensus emerged between the regulatory bodies on how to proceed.
Agencies Caught in a Blame Game
This is not the first time the court has intervened. On 29 July, the High Court had directed CPCB and DPCC to set aside their differences and formulate a joint strategy. The agencies have reportedly failed to comply, prompting the court's sharper tone on 20 August. The standoff highlights a systemic gap in accountability between central and state-level pollution regulators when hazardous waste disposal crosses jurisdictional lines.
Importer Liability Ruling in Related Cases
In a separate but related development, the High Court ruled on over 45 appeals and petitions concerning customs duty, holding that an importer — as the ultimate beneficiary of customs duty benefits — bears the primary obligation to verify the genuineness and lawful entitlement of duty credit scrips used for goods clearance. The court made clear that importers cannot escape liability for duty evasion or forged instruments by claiming ignorance or shifting blame to their customs clearing agents.
What Happens Next
Both CPCB and DPCC must file reports on a safe disposal framework before the 24 August hearing. Failure to do so could invite personal directions against agency officials. The case has broader implications for how India's pollution regulators handle abandoned hazardous cargo — a gap that critics argue remains largely unaddressed in existing regulatory frameworks.