DR. SHIVARAO SHANTARAM WAGLE & ORS. versus UNION OF INDIA & ORS.

DR. SHIVARAO SHANTARAM WAGLE & ORS. versus UNION OF INDIA & ORS.

Imported Irish butter tested for radioactivity fell well below the permissible limits set by Atomic Energy Regulatory Board, which were among the lowest internationally. The Committee of Experts concluded consumption was safe and harmless. The issue of radioactivity requires specialized scientific judgment, not judicial intervention, and no defect or better technique in testing was shown by petitioners.

Parties
Petitioner: Dr. Shivarao Shantaram Wagle; Respondent: Union of India; Respondent: National Dairy Development Board; Respondent: Greater Bombay Milk Scheme; Petitioner: Anand Grover; Petitioner: Mukul Mudgal; Respondent: Kuldeep Singh; Respondent: A.S. Rajadhyahsha; Respondent: R.K. Kulkarni; Respondent: Ms. Seita Vaidainathan; Respondent: P. Parmeshwaran; Intervener: Mohan Katarki; Intervener: D.B. Vohra; Intervener: Mrs. Maza Daruwala; Intervener: L.R. Singh
Jurisdiction
India
Judgment Date
08 March 1988
Procedural Posture
Special Leave Petition (civil) / Final Disposition
Outcome
Petition dismissed
Legal Topics
Permissible Limits of Radioactivity, Import of Foodstuffs, Mandamus, Public Interest Litigation
Administrative Law Public Health Constitutional Law Permissible Limits of Radioactivity Import of Foodstuffs Mandamus Public Interest Litigation

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Parties

Dr. Shivarao Shantaram Wagle

Petitioner

Union of India

Respondent

National Dairy Development Board

Respondent

Greater Bombay Milk Scheme

Respondent

Anand Grover

Petitioner

Mukul Mudgal

Petitioner

Kuldeep Singh

Respondent

A.S. Rajadhyahsha

Respondent

R.K. Kulkarni

Respondent

Ms. Seita Vaidainathan

Respondent

P. Parmeshwaran

Respondent

Mohan Katarki

Intervener

D.B. Vohra

Intervener

Mrs. Maza Daruwala

Intervener

L.R. Singh

Intervener

Procedural Posture

Special Leave Petition (civil) / Final Disposition

Legal Issues

  1. 1 Whether imported Irish butter contaminated by nuclear fallout is safe for public distribution and human consumption within Indian standards of permissible radioactivity
  2. 2 Whether the Court should issue directions to withhold release or require labelling of such products

Ratio Decidendi

Imported Irish butter tested for radioactivity fell well below the permissible limits set by Atomic Energy Regulatory Board, which were among the lowest internationally. The Committee of Experts concluded consumption was safe and harmless. The issue of radioactivity requires specialized scientific judgment, not judicial intervention, and no defect or better technique in testing was shown by petitioners.

Court Disposition

Petition dismissed

Orders

  • Special leave petition is dismissed.
  • Order of status quo granted by the High Court stands discharged.