RESEARCH FOUNDATION FOR SCIENCE Vs. UNION OF INDIA

JUDGEMENT

(1.) On 6th July, 2012, Writ Petition (Civil) No.657 of 1995 filed by the Research Foundation for Science, Technology and Natural Resources Policy was disposed of by this Court. I.A. No.61 of 2012 which had been filed by M/s Best Oasis Ltd. on 9th May, 2012, and I.A. No.62 of 2012 filed by Gopal Krishna on 18th June, 2012, were heard separately since in the said applications relief was prayed for in respect of a specific ship named Oriental Nicety (formerly known as Exxon Valdez), which had entered into Indian territorial waters and had sought the permission of the Gujarat Pollution Control Board and the Gujarat Maritime Board to allow the ship to beach for the purpose of dismantling. Such relief would, of course, be subject to compliance with all the formalities as required by the judgments and orders passed by this Court on 14th October, 2003, 6th September, 2007 and 11th September, 2007 in the Writ Petition. The Applicant, M/s Best Oasis Ltd. is the purchaser of the said ship.

(2.) Another prayer was for a direction to the above-mentioned Authorities and the Atomic Energy Regulatory Board to inspect the ship and to permit it to enter into Indian territorial waters and allow it to anchor in Indian waters, which has been rendered redundant, since, as submitted by Ms. Hemantika Wahi, learned Standing Counsel for the State of Gujarat, the said stages have already been completed and the ships is anchored outside Alang Port.

(3.) After the application had been filed, the Union of India in its Ministry of Environment and Forests, and the Gujarat Maritime Board, were directed to file their respective responses thereto.