SHIVARAO SHANTARAM WAGLE IT Vs. UNION OF INDIA

JUDGEMENT

(1.) This special leave petition is directed against the judgment and order of the Bombay High Court dated November 24, 1987 declining to issue a writ in the nature of mandamus and other appropriate writs, directions or orders under Art. 226 of the Constitution as prayed for by the petitioners to direct the respondents to forbear from releasing 7500 cartons (200 MT) of Irish butter imported into India under the EEC Grant-in-Aid for Operation Flood Programme, supplied to the Greater Bombay Milk Scheme by respondent No. 2 National Dairy Development Board, on the ground that the butter was contaminated by nuclear fallout.

(2.) From the counter-affidavits filed on behalf of respondent No. 1 Union of India and respondent No. 2 National Dairy Development Board it appears that soon after the Chernobyl disaster when it was realised that the imported milk and food products particularly from the EEC countries had the possibility of radio-active contamination, and so the Bhabha Atomic Research Centre took up the matter with the respective agencies and advised them to get the representative samples for radio-active analysis before releasing them for public distribution in India. It further appears that the Atomic Energy Regulatory Board which is a statutory body, has set limits for radio- activity for the imported foodstuffs. In disallowing the writ petition, the High Court observed :

(3.) At one stage, the High Court felt disturbed about the concept of the 'permissible limit' and asked counsel appearing for both the sides to examine the question in the light of certain queries which arose in its mind. It wanted to know on what basis the permissible limit of radio-activity was determined, and in particular, whether this permissible limit had been determined on the basis of consumption by human beings of any natural food in which radio-activity was present or was it based upon the external irradiation, and added :