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

Citation: [2007] 9 S.C.R. 906 · Decided: 11-09-2007 · Supreme Court of India · Bench: ARIJIT PASAYAT · Disposal: Disposed off

Judgment (excerpt)

A 
RESEARCH FOUNDATION FOR SCIENCE TECHNOLOGY AND 
NATURAL RESOURCE POLICY 
v. 
UNION OF INDIA AND ANR. 
B 
SEPTEMBER 11, 2007 
jDR. ARIJIT PASA Y AT AND S.H. KAPADIA, JJ.) 
Ship Breaking-Dismantling the ship "Blue lady" at Alang Ship 
C 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-Jn the light of the 
D 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 
E 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" under~ying principle of proportionality-Held: 
F 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 "ba{ance" is important-Ship breaking 
G 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. 
H 
906 
RESEARCH FOUNDATION v. UOI (S.H. KAPADIA. J.) 
907 
Research Foundation for Science Technology National Resource Policy A 
v. Union of India and Anr., (2007) 9 SCR 749; Research Foundation for 
Science Technology National Resource Policy v. Union of India and Anr., 
(2005) 10 SCC 510 and T.N. Godavarman Thirumalpadv. Union of India and 
Ors., [2002) 10 SCC 606, relied on. 
'Development as Freedom' by Dr. Amartyasen, referred to. 
B 
CIVIL APPELLATE JURISDICTION : I.A. No. 34. 
IN 
Writ Petition (C) No. 657 of 1995. 
c 
Sanjay Parikh for the Petitioner. 
Anil Kumar Jha, Vijay Pratap Singh, Aruneshwar Gupta, Anil Katiyar, 
Ashok Mathur, Bina Gupta, B. Krishna Prasad, Binu Tamta, D.N. Goburdhan, 
E.C. Agrawala, Ejaz Maqbool, Hemantika Wahi, Janaranjan Das, Swetaketu D 
Mishra, S.R. Mohanty, Gopal Singh, Anukul Raj, Rituraj Biswas, K.N . 
...1 
Madhusoodhanan, R. Sathish, K.B. Rohtagi, Manik Karanjawala, D.N. Mishra 
(for Mis. J.B. Dadachanji & Co.), Promod Swarup, Pradeep Misra, Sushma 
Suri, Unnila Sirur, D.S. Mabra, Shakil Ahmed Syed, S. Janani, Ravindra Kumar, 
Yash Pal Dhingra, Rakesh K. Shanna, Khwairakpam Nobin Singh, Jamwal 
Tarun, Radha Shyam Jena, Anil Shrivastav, Sanjay R. Hegde, Jay Savia, Atishi E 
Dipankar, V.N. Raghupathy, J.S. Wad & Co., Nikhil Nayyar, Corporate Law 
Group, Vibha Datta Makhija, Kamlendra Mishra, Mohanprasad Meharia, Ajay 
Sharma, Sumita Hazarika, Ashwani Bhardwaj and Gaurav Agrawal for the 
Respondents. 
The Order of the Court was delivered by 
S.H. KAPADIA, J. I. A short question which arises for detennination 
in this IA is whether this Court should grant permission for dismantling of 
the ship "Blue Lady" at Alang, Gujarat. 
F 
2. The "Blue Lady" ex SS Norway was a passenger liner built at Chantier G 
De Altantic, St. Nazaire, France in 1961. It was a steam turbine driven vessel 
with a power and rating of30,000 KW and 40,760 HP respectively. Now the 
vessel is registered as a Barge under the flag of Bahamas vi de official number 
710763. The vessel is very luxurious in it's kind and many dignitaries like 
H 
908 
SUPREME COURT REPORTS 
[2007] 9 S.C.R 
A President of America, Queen of England have travelled during it's golden 
period. The said ship was beached on 15/16.8.2006 off the Alang coast. The 
said ship was the passenger ship. It was constructed in 1952. It 

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