RESEARCH FOUNDATION FOR SCIENCE Vs. UNION OF INDIA

JUDGEMENT

(1.) Between the Ministry of Labour and the Ministry of Environment, order passed by this Court on 7.2.20001', which in fact required compliance with this Court's earlier order of 10.12.1999, has not been complied with. As is usually the case with the Union of India, an extension of time by two months to enable the Ministry of Labour to file the affidavit is prayed for. In the application (IA No. 13), the blame is sought to be put on the Ministry of Environment for not supplying the necessary particulars. Be that as it may, it is quite evident that between these two Ministries except for exchange of correspondence nothing else has happened and the orders of this Court remain un complied with. In the interest of justice, we grant two months' time from today to enable the Ministry of Labour to file the affidavit subject to the condition that the Ministry of Environment as well as the Ministry of Labour will each pay Rs. 10,000.00 as costs. In the first instance, costs will be deposited by the Ministries concerned which will be at liberty to recover the same from such officers who are responsible for non-compliance with this Court's orders. IA No. 13 stands disposed of.

(2.) With regard to ship-breaking at Along, affidavit of Shri Lalit Kapur on behalf of the Central Pollution Control Board has been filed. In response to that, the petitioner has filed an affidavit on 15.4.2000 supporting the stand taken by CPCB. The contention is that steps should be taken to ensure that ships which came to India for ship-breaking should be properly decontaminated before they are exported to India. This aspect is being considered by the High Power Committee. As such, the Union of India should forward to the High Power Committee the said affidavit of Shri Lalit Kapur as well as the said comments of the petitioner filed by way of an affidavit of Ms Shalini Bhutani for consideration and report by the High Power Committee. Needful be done by the Union of India within four weeks from today.

(3.) The directions sought for by the affidavit of Dr (Mrs) Indrani Chandrasekharan dated 29.3.2000 will be taken up for consideration after the compliance with the earlier orders requiring the filing of better affidavit. We expect the list of importers to be filed by the next date of hearing as had been directed by this Court.