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2007 DIGILAW 385 (SC)

RESEARCH FOUNDATION FOR SCIENCE v. UNION OF INDIA

2007-03-12

ARIJIT PASAYAT, S.H.KAPADIA

body2007
ORDER 1. Having heard learned counsel for the parties, we are of the view that a further report by TEC is required to indicate as to whether the conditions stipulated have been complied with before any action can be taken on the dismantling plan. Let the applicant in IA No. 34 place materials before TEC as to how and in what manner compliance has been done. While deciding the acceptability of the stand of the applicant, TEC shall involve the Gujarat Maritime Board and the Gujarat Pollution Control Board and take note of their views. 2. In the report, apart from examining the general compliance with the conditions, specific focus has to be drawn on three particular aspects, namely, (a) whether preconditions for dismantling have been complied with; (b) whether 80% of the asbestos is reusable as is contended by the applicant; (c) what steps have been taken to control the environmental impact of asbestos dust generated in the process of dismantling. TEC shall also suggest as to which agency shall oversee and monitor the dismantling in case it recommends acceptance of the dismantling plan. The report shall be submitted within six weeks. The other aspects relating to the reversibility or impermissibility of the beaching, manner of dealing with hazardous dust from asbestos and other hazardous material shall be considered after the receipt of the report from TEC. TEC which was constituted pursuant to the order of this Court having submitted its report is stated to have become functus officio, shall examine the matter as directed. 3. List the matter after six weeks. Court Masters