2012 (10) TMI 792 - SC - Indian Laws

Permission for Dismantling and beach of ship - Held that - Concerned authorities are directed 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 Control Board and Atomic Energy Regulatory Board, if any toxic wastes embedded in the ship structure are discovered during its dismantling, the concerned authorities shall take immediate steps for their disposal at the cost of the owner of the vessel, M/s. Best Oasis Ltd., or its nominee or nominees. further, in all future cases of a similar nature, the concerned authorities shall strictly comply with the norms laid down in the Basel Convention or any other subsequent provisions that may be adopted by the Central Government in aid of a clean and pollution free maritime environment, before permitting entry of any vessel suspected to be carrying toxic and hazardous material into Indian territorial waters - no order as to costs.

Issues:
1. Disposal of Writ Petition (Civil) No. 657 of 1995 regarding the dismantling of a specific ship named "Oriental Nicety."
2. Compliance with environmental regulations and procedures for ship-breaking activities.
3. Authority and responsibility of concerned bodies in permitting ships to beach and dismantle.
4. Adherence to the Basel Convention guidelines for disposal of hazardous wastes in the ship-breaking industry.

Issue 1: Disposal of Writ Petition (Civil) No. 657 of 1995
The Writ Petition filed by the Research Foundation for Science, Technology and Natural Resources Policy was disposed of by the Supreme Court. The Court heard separate applications related to the specific ship "Oriental Nicety" seeking permission for dismantling in Indian territorial waters. The applicant, M/s. Best Oasis Ltd., was the purchaser of the ship.

Issue 2: Compliance with Environmental Regulations
Various authorities, including the Ministry of Environment and Forests, Gujarat Maritime Board, and Gujarat Pollution Control Board, were involved in ensuring compliance with environmental regulations. The Technical Expert Committee (TEC) report highlighted hazards in the ship-breaking industry and laid down procedures for anchoring, beaching, and breaking of ships. The Basel Convention guidelines for hazardous waste disposal were strictly followed.

Issue 3: Authority and Responsibility of Concerned Bodies
The Gujarat Maritime Board and Gujarat Pollution Control Board were responsible for inspecting and permitting the ship to beach for dismantling. The Gujarat Maritime Board certified the ship's fitness for breaking after inspection, and the Court directed the concerned authorities to allow the dismantling process to proceed.

Issue 4: Adherence to Basel Convention Guidelines
The petitioner raised concerns about non-compliance with Basel Convention safeguards, such as informing the country of import about non-hazardous status and obtaining clearance from the Government of India. The Court emphasized the importance of following Basel Convention norms for a pollution-free maritime environment.

In conclusion, the Supreme Court directed the concerned authorities to allow the dismantling of the ship "Oriental Nicety" after ensuring compliance with all regulatory requirements. The Court highlighted the need for immediate disposal of any toxic wastes found during dismantling at the owner's cost. Additionally, the Court stressed the importance of strict adherence to Basel Convention guidelines for future cases involving ships suspected of carrying hazardous materials.

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