important point
While applying the concept of “sustainable development” one has to keep in mind the “principle of proportionality” based on the concept of balance.

Headnote:(a)Constitution of India – Articles 47, 48-A and 51-A(g) r/w Environment (Protection) Act, 1986 – “Precautionary principle” is a part of the concept of sustainable development – Precautionary principle and polluter-pays principle have now emerged and govern the law in our country – While applying the concept of “sustainable development” one has to keep in mind the “principle of proportionality” based on the concept of balance, an exercise in which the priorities of development on one hand and environmental protection on the other hand are to be balancd. (Paras 9 and 10)
       (2005) 10 SCC 510; (2002) 10 SCC 606 – Relied upon.
       (b)Ship breaking – Norms for ship breaking/ recycling keeping in view the concept of proportionality based on concept of balance and recommendations of the TEC, laid down. (Paras 12 to 14)
       Facts of the case :
       Grant of permission for dismantling of the ship “Blue Lady” at Alang, Gujarat, is the subject matter of this case.
       The “Blue Lady” ex SS Norway was a passenger liner built at Chantier De Altantic, St. Nazaire, France in 1961. It was a steam turbine driven vessel with a power and rating of 30,000 KW and 40,760 HP respectively. Now the vessel is registered as a Barge under the flag of Bahamas vide official number 710763. The vessel is very luxurious in it’s kind and many dignitaries like President of America, Queen of England have travelled during it’s golden period. The said ship was beached on 15/16.8.2006 off the Alang coast. The said ship was the passenger ship. It was constructed in 1952. It originated from France. Its last origin was from Norway. The ship is about 291 mt. long. It is 34 mt. wide. It has the capacity of 45886 MT. It has 16 floors. It has 1400 rooms for passengers accommodation. It has restaurant, cinema, health club and free shopping complex.
       Alang is located on the west coast of Gujarat. It is the largest ship recycling yard in the world. It is one of the choicest ship-scrapping destination for the ship owners around the world. There are 183 plots in all to carry out the ship recycling activities. Till today Alang has provided approximately 23 million tonnes of steel in the last 10 years. The Supreme Court decided to lay down norms concerning infrastructure, capacity of Alang to handle large volume of ship-breaking activity, safeguards to be provided to the workers who were likely to face health-hazard on account of the incidence of ship-breaking activity, the environmental impact assessment, regulation of the said activity and strict regulation of the said activity.
       Findings of the Court :
       Ship breaking should be permitted, but following the norms laid down herein considering the recommendations of the TEC and concept of balance and concept of proportionality.
       Result : I.A. disposed of.

ORDER

S.H. Kapadia, J.—

A short question which arises for determination in this IA is whether this Court should grant permission for dismantling of the ship “Blue Lady” at Alang, Gujarat.

2.The “Blue Lady” ex SS Norway was a passenger liner built at Chantier De Altantic, St. Nazaire, France in 1961. It was a steam turbine driven vessel with a power and rating of 30,000 KW and 40,760 HP respectively. Now the vessel is registered as a Barge under the flag of Bahamas vide official number 710763. The vessel is very luxurious in it’s kind and many dignitaries like President of America, Queen of England have travelled during it’s golden period. The said ship was beached on 15/16.8.2006 off the Alang coast. The said ship was the passenger ship. It was constructed in 1952. It originated from France. Its last origin was from Norway. The ship is about 291 mt. long. It is 34 mt. wide. It has the capacity of 45886 MT. It has 16 floors. It has 1400 rooms for passengers accommodation. It has restaurant, cinema, health club and free shopping complex.

3.Alang is located on the west coast of Gujarat. It is the largest ship recycling yard in the world. It is one of the choicest ship-scrapping destination for the ship owners around the world. There are 183 plots in all to carry out the ship recycling activities. Till today Alang has provided approximately 23 million tonnes of steel in the last 10 years. On 17.2.2006 when the above writ petition came up for hearing before this Court, we found the controversy concerning ship-breaking a recurring controversy. Therefore, this Court decided to lay down norms concerning infrastructure, capacity of Alang to handle large volume of ship-breaking activity, safeguards to be provided to the workers who were likely to face health-hazard on account of the incidence of ship-breaking activity, the environmental impact assessment, regulation of the said activity and strict regulation of the said activity. Accordingly, this Court constituted a Committee of Technical Experts to submit a report on the aforestated aspects.

4.We quote hereinbelow the said order dated 17.2.2006:

“It is brought to our notice that the ship Clemenceau has been directed to be taken back to France. Therefore, immediate controversy relating to Clemenceau ship seems to be over. But the problem is a recurring one. First and foremost requirement as of today is to find out the infrastructural stability and adequacy of the ship breaking yard at Alang. It has to be found out whether the same are operational/operating in a way that environmental hazards and pollution are avoided and/or equipped to meet the requirements in that regard. For that purpose, it is necessary to constitute a Committee of technical experts who can, after obtaining views and inviting suggestions from those who would like to give them to find out whether the infrastructure as existing at Alang presently is adequate. If according to the Committee, it is not adequate it shall indicate the deficiencies, and shall also suggest remedial measures to upgrade the infrastructural facilities. For this purpose, Union of India shall, as early as practicable, constitute a Committee of technical experts, some of them having Navy background, preferably retired officers. The Committee shall submit its report to this Court within eight weeks. The expenses of the Committee shall be met by the Ministry of Environment and Forests. Since at various points of time various guidelines have been indicated, it would be appropriate if they are properly codified to be followed scrupulously by all concerned including the Government authorities.”

5.In continuation of the said order dated 17.2.2006 a further order was passed by this Court on 12.3.2007 calling for a further report by TEC in which this Court directed inclusion of Gujarat Maritime Board (GMB) and Gujarat Pollution Control Board (GPCB) to assist this Court on three aspects, namely, pre-conditions to be satisfied by the recycler for dismantling and r

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Judicial Analysis

SupremeToday

2007 Supreme(SC) 1162

important pointWhile applying the concept of “sustainable development” one has to keep in mind the “principle of proportionality” based on the concept of balance.

Cases Referred (2)

Judicial Analysis

important point
While applying the concept of “sustainable development” one has to keep in mind the “principle of proportionality” based on the concept of balance.