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TMI Blog2012 (10) TMI 792X X X X Extracts X X X X X X X X Extracts X X X X ..... njan Mukherjee, S. Bhowmick, S.C. Ghosh, Ms. Garima Bose, Mrs. Vivekta Singh, Kamal Mohan Gupta, Aditya Shamlal, Arijit Prasad, T.A. Khan, A.K. Sharma, Irshad Ahmad, Bhavanishankar V. Gadnis and A. Raghunath, Advocates, with them for the Appearing Parties. [Order per : Altamas Kabir, J.]. - On 6th July, 2012, Writ Petition (Civil) No. 657 of 1995 [2012 (282) E.L.T. 321 (S.C.)] 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 spec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een disclosed that a Technical Expert Committee (TEC) had been appointed pursuant to the directions contained in the order dated 6th September, 2007, passed by this Court in the Writ Petition. The said Committee Report dealt in great detail with the hazards associated with the ship breaking industry, occupational and health issues, social welfare activities of workers, occupational hazards associated with breaking of different categories of ships of special concern, handling of hazardous material and the role and responsibilities of various defaulters. Mr. Bhan submitted that the said Report also focused on ships of special concern in assessment of hazardous wastes and potentially hazardous materials. It was urged that a definite procedure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... consultation with the State Pollution Control Board and Customs Department. In the affidavit, it has been specifically averred that an inspection of the vessel had been carried out by the Gujarat Maritime Board and it was found that the ship had been converted from an oil tanker to a bulk carrier in 2008 and there was no sign of any hazardous/toxic substance on board. It was also stated in the affidavit that the Board had given its "no objection" for beaching of the ship and the Ministry of Shipping, therefore, had no say in the matter. 7. Appearing for the Gujarat Pollution Control Board, Gandhinagar, Ms. Hemantika Wahi submitted that in keeping with the directions contained in the order passed by this Court on 6th September, 2007, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ahi submitted that in terms of the directions given on 25th June, 2012, on the application of M/s. Best Oasis Ltd., the Gujarat Maritime Board instructed the company to bring the vessel to the Port area of Alang for inspection. Ms. Wahi submitted that when the vessel arrived outside the Port area of Alang on 30th June, 2012, officers of all concerned departments, including the Gujarat Maritime Board, the Gujarat Pollution Control Board, Customs Department, Explosives Department, Atomic Energy Regulatory Board, went on board the ship to inspect and ascertain that there was no hazardous/toxic substance on it. Ms. Wahi submitted that upon inspection, nothing hazardous or toxic was discovered on the vessel, which was found to be in conformity w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t was also urged that the owners of the vessel were required to obtain clearance from the Government of India to bring the ship into Indian territorial waters, which was dependent upon the availability of landfill facilities, as also facilities for beaching. Mr. Parikh submitted that it is only after completion of the aforesaid requirements, that the ship could be allowed entry into Indian territorial waters and to beach at any of the ship-breaking yards at any of the Ports designated for such purpose. Mr. Parikh submitted that in the absence of proper compliance with the norms laid down in the Basel Convention, the vessel ought not to have been permitted to enter into Indian territorial waters or the Port area at Alang by the Gujarat Pollu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dismantling of the ship. The reports have been submitted on the basis of actual inspection carried out on board by the above-mentioned authorities, which also include the Customs authorities. The Atomic Energy Regulatory Board has come up with suggestions regarding the removal of certain items of the ship during its dismantling. The suggestions are reasonable and look to balance the equities between the parties. 13. We, therefore, dispose of the two IAs which we have taken up for hearing and direct the concerned authorities to allow the ship in question to beach and to permit the ship owner to proceed with the dismantling of the ship, after complying with all the requirements of the Gujarat Maritime Board, the Gujarat Pollution Contro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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