NEW DELHI, Aug 17: Criticising the Centre for its indecision on important matters, the Delhi high court has directed it to take a final view on permitting the import of zinc ash or skimmings for any purpose, including processing or reuse.

Justice Arun Kumar, in his judgment on the petition of Bharat Zinc Private Ltd for renewal of its licence to import zinc ash, said the government cannot be permitted to take cover under the previous orders of the high court or the Supreme Court and shy away from its primary duty to take the decision.

"To my mind, none of the court orders debar the government from taking such a decision still, if any difficulty is felt in taking a decision in the matter, it can always seek clarifications from the court," the judge said.

"The total silence or inaction on the part of the government cannot be countenanced. The government is directed to take a decision on the application of the petitioner for permission for renewal of the import licence, which was granted in its favour for import of zinc ash or skimmings and has since expired," the order said.

The court has given three months' time to the government to comply with the court's judgment.

The central government had taken defence quoting orders of the high court and the Supreme Court to prove that the import of zinc ash or skimmings have been banned to reduce the growing pollution. The central government counsel quoted the order of the high court which had cited a Supreme Court judgment saying that no authorisation or permission would be given by any authority for the import of zinc which has already been banned by the government or by any court.

The counsel said no import could be made or permitted by any authority or any person of any hazardous waste which was already banned under the basel convention or to be banned hereafter with effect from May 5 this year.

Copyright © 1997 Indian Express Newspapers (Bombay) Ltd.