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Delhi High Court - Orders

Advaith Biofuels Limited vs Union Of India And Ors on 28 February, 2019

Author: Vibhu Bakhru

Bench: Vibhu Bakhru

$~46
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      W.P.(C) 2089/2019 and CM Nos. 9755/2019 & 9756/2019
       ADVAITH BIOFUELS LIMITED                  ..... Petitioner
                     Through: Mr A K Bajpai, Mr Nitin Bajpai
                                Mr Udit Grover and Mr Divakar
                                Kumar. Advocates
                     versus
       UNION OF INDIA AND ORS.                   ..... Respondents
                     Through: Mr Ripu Daman Bhardwaj, CGSC
                                with Mr T.P. Singh, Advocate for R-
                                1/UOI.
                                Mr R.H.A. Sikander, Advocate for R-
                                2 (FSSAI).
       CORAM:
       HON'BLE MR. JUSTICE VIBHU BAKHRU
                     ORDER

% 28.02.2019

1. The petitioner has filed the present petition, inter alia, impugning a notification dated 30.01.2019 (hereafter 'the impugned notification') passed by the Food Safety and Standards Authority of India (FSSAI).

2. The petitioner is engaged in making biodiesel fuel from used cooking oil and is aggrieved by the impugned notification, since the Food Business Operators (who are the suppliers of the used cooking oil) have been interdicted from disposing of the used cooking oil to any person other than the one registered with FSSAI. The petitioner states that although the Food Business Operators have been proscribed from disposing of the used cooking oil other than to a person registered with FSSAI, no mechanism has been put in place in grant of such registration.

3. The learned counsel appearing for FSSAI submits that the he has instructions that the impugned notification will not be implemented till 01.06.2019 and in the meanwhile, FSSAI would evolve the mechanism for granting the requisite registration. He further states that the petitioner would also be at liberty to apply for such registration.

4. In view of the above, no further orders are required to pass in the present petition. The same is disposed of. All pending applications are disposed of.

VIBHU BAKHRU, J FEBRUARY 28, 2019 RK