Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Ship Breaking |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Writ Petition |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Ship Breaking - Dismantling the ship "Blue lady" at Alang Ship Breaking Yard - Committee of Technical Experts (TEC), after examining the matter according to the norms laid down by Supreme Court, recommending for grant of permission for dismantling the ship in accordance with the plan submitted by recycler - Held: The removal plan submitted by the recycler has been approved by the TEC-TEC has recommended appropriate respiratory protection and whole body coveralls etc. to workers - In the light of the report and the precautionary measures to be taken up and the conditions to be fulfilled by the recycler, the principle of sustainable development based on the concept of "balance" stands satisfied - Besides, vessel beached off the coast long back - Process of beaching is irreversible - Taking into account the contours of TEC Report and opinion of TEC that recycler has complied with the norms regarding dismantling and recycling, the report of TEC is accepted, and permission granted to dismantle the ship accordingly. Ecology - Sustainable development - Ship Breaking - Hazards associated with - Dismantling of ship "Blue lady" - Disposal of hazardous waste - Concept of "balance" underlying principle of proportionality - Held: while applying the concept of "sustainable development", one has to keep in mind the "principle of proportionality" based on concept of "balance" - It is an exercise in which Court has to balance the priorities of development on one hand and environmental protection on the other - India after globalization is an emergent economy and as such the principle of proportionality based on concept of "balance" is important - Ship breaking is an industry - Concepts like generation of revenue, employment and public interest are also to be kept in mind - On facts, keeping in view generation of revenue and employment from dismantling the ship and the plan submitted by recycler as recommended by TEC, permission for dismantling the ship granted. |
Judge | Honble Mr. Justice S.H. Kapadia |
Neutral Citation | 2007 INSC 909 |
Petitioner | Research Foundation For Science Technology And Natural Resource Policy |
Respondent | Union Of India And Anr |
SCR | [2007] 9 S.C.R. 906 |
Judgement Date | 2007-09-11 |
Case Number | 657 |
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