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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 ..... 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. - 657 of 1995 - - - Dated:- 30-7-2012 - Altamas Kabir and J. Chelameswar, JJ. REPRESENTED BY : S/Shri Ashok Bhan, T.S. Doabia, Raj Panjwani, Sr. Advocates, Manjit Singh, Dr. Manish Singhvi, AAG, Sanjay Parikh, Ms. Sadhna Sandhu, B.K. Prasad, Ms. Hemantika Wahi, Ms. Jesal, Ms. Nanda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. 4. Appearing on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mr. Bhan submitted that in compliance with this Court s order dated 14th October, 2003, the Union of India, in its Ministry of Steel, has constituted an Inter-Ministerial Standing Monitoring Committee to periodically review the status of implementation of the recommendations of the Technical Expert Committee. 5. Mr. Bhan submitted that the provisions of the Basel Convention relating to the disposal of hazardous wastes are being strictly followed and as far as the present ship is concerned, it was for the Gujarat Maritime Board, which is the concerned local authority to take a decision for anchoring and subsequent beaching and dismantling of the ship, in strict compliance with the directions contained in the order passed by this Court on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of a comprehensive code to govern the procedure to be adopted to allow ships to enter into Indian territorial waters and to beach at any of the ports in India for the purpose of dismantling. However, till such code came into force, the officials of the Gujarat Maritime Board, the concerned State Pollution Control Board, officials of the Customs Department, National Institute of Occupational Health and the Atomic Energy Regulatory Board, could oversee the arrangements. Ms. Wahi submitted that the application for recommendation for anchoring could be decided in view of the aforesaid order dated 6th September, 2007, and the TEC Report which had been accepted by this Court vide the said order, with liberty to file a response to the application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arch Foundation for Science, Technology and Natural Resources Policy. Mr. Parikh urged that while disposing of the Writ Petition on 6th July, 2012, this Court had directed the Union of India and the Respondents concerned to follow the procedure which had been laid down in the Basel Convention in the matter of ship-breaking, which often generated large quantities of toxic waste. Mr. Parikh submitted that none of the safeguards which had been put in place by the Basel Convention had been complied with or followed in permitting the Oriental Nicety to enter into Indian territorial waters. Mr. Parikh submitted that under the Basel Convention, the country of export of the ship was required to inform the country of import of the movement of the sh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be an integral part of the ship, adequate precautionary measures should be taken immediately to neutralize the same either by incineration or by creating adequate landfills for disposal of such waste. 12. We have carefully considered the submissions made on behalf of the respective parties in the light of the submissions made on behalf of Applicant, M/s. Best Oasis Ltd., the owner of the vessel in question, that huge demurrage charges are being incurred by the ship owner each day. We are of the view that once clearance has been given by the State Pollution Control Board, State Maritime Board as well as the Atomic Energy Regulatory Board for the vessel to beach for the purpose of dismantling, it has to be presumed that the ship is free f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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