RESEARCH FOUNDATION FOR SCIENCE TECHNOLOGY AND NATURAL RESOURCE POLICY versus UNION OF INDIA AND ANR.

RESEARCH FOUNDATION FOR SCIENCE TECHNOLOGY AND NATURAL RESOURCE POLICY versus UNION OF INDIA AND ANR.

Permission granted for dismantling the ship 'Blue Lady' in accordance with the TEC Report and dismantling plan, as norms regarding environmental protection and worker safety have been satisfied, and sustainable development principles are balanced with economic and employment considerations.

Parties
Petitioner: Research Foundation for Science Technology and Natural Resource Policy; Respondent: Union of India
Jurisdiction
India
Judgment Date
11 September 2007
Procedural Posture
Writ Petition (civil) / Disposition of IA No. 34 in Writ Petition (c) No. 657 of 1995
Outcome
Permission granted for dismantling the ship 'Blue Lady' at Alang, Gujarat as per TEC recommendation; IA disposed of.
Legal Topics
Ship Breaking, Sustainable Development, Hazardous Waste Disposal, Precautionary Principle, Principle of Proportionality
Environmental Law Administrative Law Ship Breaking Sustainable Development Hazardous Waste Disposal Precautionary Principle Principle of Proportionality

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Parties

Research Foundation for Science Technology and Natural Resource Policy

Petitioner

Union of India

Respondent

Procedural Posture

Writ Petition (civil) / Disposition of IA No. 34 in Writ Petition (c) No. 657 of 1995

Legal Issues

  1. 1 Whether permission should be granted for dismantling the ship 'Blue Lady' at Alang, Gujarat
  2. 2 Compliance with environmental and health safety norms during ship breaking
  3. 3 Reusability and disposal of asbestos and hazardous wastes

Ratio Decidendi

Permission granted for dismantling the ship 'Blue Lady' in accordance with the TEC Report and dismantling plan, as norms regarding environmental protection and worker safety have been satisfied, and sustainable development principles are balanced with economic and employment considerations.

Court Disposition

Permission granted for dismantling the ship 'Blue Lady' at Alang, Gujarat as per TEC recommendation; IA disposed of.

Orders

  • Permission to dismantle ship granted to M/s Priya Blue Industries Pvt. Ltd. as per TEC Report
  • Regular monitoring of ship breaking operations to ensure compliance with TEC guidelines for worker safety and environment