KALYANESHWARI versus UNION OF INDIA & ORS.

KALYANESHWARI versus UNION OF INDIA & ORS.

There is no law banning asbestos use, and it is not for the Court to legislate such a ban. All relevant laws and Court directions have been complied with, and industry is conducted under supervision. The writ petition lacks bona fide, presents vague and insufficient data, and appears to be motivated by private business rivalry, thus constitutes an abuse of process. The prayer for banning asbestos mining/manufacturing is rejected and directions for safe handling are maintained.

Parties
Petitioner: Kalyaneshwari; Respondents: Union of India & Ors.
Jurisdiction
India
Judgment Date
21 January 2011
Procedural Posture
Writ Petition (civil) No. 260 of 2004 / Final Disposition
Outcome
petition dismissed
Legal Topics
Maintainability of PIL, Ban on Asbestos, Abuse of Process, Workers' Health, Business Rivalry
Constitutional Law Public Interest Litigation Labour Law Environmental Law Maintainability of PIL Ban on Asbestos Abuse of Process Workers' Health +1 more

Case Brief

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Parties

Kalyaneshwari

Petitioner

Union of India & Ors.

Respondents

Procedural Posture

Writ Petition (civil) No. 260 of 2004 / Final Disposition

Legal Issues

  1. 1 whether the Supreme Court should ban mining and manufacturing activities in asbestos or its allied products
  2. 2 maintainability and bona fide nature of the PIL
  3. 3 compliance with Court directions regarding asbestos related hazards

Ratio Decidendi

There is no law banning asbestos use, and it is not for the Court to legislate such a ban. All relevant laws and Court directions have been complied with, and industry is conducted under supervision. The writ petition lacks bona fide, presents vague and insufficient data, and appears to be motivated by private business rivalry, thus constitutes an abuse of process. The prayer for banning asbestos mining/manufacturing is rejected and directions for safe handling are maintained.

Court Disposition

petition dismissed

Orders

  • prayer for ban on asbestos mining/manufacturing rejected
  • directions issued for ensuring safe and controlled use of asbestos