JUDGMENT

Hansaria, J.-Industrial growth, yes; but by exposing a large segment of society to the risk of losing lives, no. This apprehension is not imaginary. Bhopal disaster brought to the knowledge of all what a tragedy can be caused by chemical industries. In the wake of what happened there more than a decade ago, industrialists engaged in production of chemicals started thinking of taking precautionary and protective measures to see that if worst were to befall, how could their financial liability be taken care of.

2. The aforesaid mental make-up led some leading chemical manufacturers in the country , like Bayer India Limited, one of the respondents herein, to approach the Bombay High Court in pending writ petition filed by some builders seeking certain orders of the High Court. In one of the writ petitions taken by the High Court for hearing, which was numbered as 4497/90, the Court required the Municipal Corporation to re-examine the building plans and to pass appropriate orders keeping in view, inter alia, the provisions of Section 46 of the Maharashtra Regional and Town Planning Act. The matter was brought to this Court by the respondents contending, inter alia, that in the s