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1996 DIGILAW 1080 (SC)

Union Carbide Corpn. Ltd. v. Union of India

1996-05-06

A.M.AHMADI, K.VENKATASWAMI

body1996
JUDGMENT : 1. By our order dated 3.4.96 after directing release of Rs. 187 crores for the construction of the hospital together with the interest accruing thereon from the date of the order till actual release to the Empowered Committee we had further desired the Empowered Committee to consider the question of entrustment of the hospital after its completion for its administrative day-to- day running. We had desired the Empowered Committee to consider whether that task should be entrusted to an autonomous body or to the State Government. Pursuant to the said order the Empowered Committee met to consider the question whether an autonomous body should be constituted to which the task of management of the hospital be entrusted or whether this responsibility should be undertaken by the State Government. In compliance with the said directions the department of Chemicals and Petro-Chemicals consulted the Ministry of Health regarding the constitution of autonomous body for the management of the hospital at Bhopal and the Ministry by their letter dated 30.4.96 have advised that the hospital could be managed by an autonomous institution. On behalf of the State Government the Empowered Committee was informed that the State Government was not interested in taking charge of the management of the hospital and it too was of the opinion that it should be entrusted to an autonomous body. After taking into consideration these views the Empowered Committee at its meeting on 1.5.96 resolved to set up a Sub-Committee comprising the Secretary, Chemicals and Petro-Chemicals, the Sole Trustee of the Bhopal Hospital Trust, the Chief Secretary, Government of Madhya Pradesh, the Health Secretary, Government of India or his nominee and joint Secretary and Legal Advisor, Department of Legal Affairs. Ministry of Law who also happens to be a member of the Empowered Committee to closely examine the constitution and composition of the proposed autonomous body. We would like the Sub- Committee to look into this aspect of the matter as early as possible and report to the Court before the middle of July, 1996 to enable the Court to examine the proposal put forward by the Sub-Committee through the Empowered Committee. 2. It was next contended by Mr. Murlidhar that the Sole trustee was expected to render the account as per the order of 20.10.94 but the accounts had yet not been submitted for the scrutiny of this Court. Mr. 2. It was next contended by Mr. Murlidhar that the Sole trustee was expected to render the account as per the order of 20.10.94 but the accounts had yet not been submitted for the scrutiny of this Court. Mr. Ashok Desai the learned senior counsel appearing on behalf of the Sole Trustee informed the Court that the accounts were under scrutiny by the Chartered Accountants and as soon as their report is received the same will be placed before this Court for scrutiny. We have impressed upon him the need to submit the accounts as early as possible but not later than the Second week of July, 1996. We would also impress upon the Sole Trustee to ensure submission of accounts as per the earlier order of 20.10.94. 3. Mr. Prashant Bhushan invited our attention to I.A. Nos. 28 & 29 and requested the Court to pass further orders in regard to payment of compensation. So far as this question is concerned it is being examined by the Court in separate proceedings bearing Writ Petition (C) No. 66/95. Let these I.As. also come up along with that Writ Petition. No further order is required to be passed at this stage. Let the matter be posted soon after the re-opening of the Court after the 2nd Week of July, 1996.