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SUPREME COURT OF INDIA
A.K. Patnaik and H.L. Gokhale, JJ.
BHOPAL GAS PEEDITH MAHILA UDYOG SANGATHAN AND OTHERS –Petitioners
Versus
UNION OF INDIA AND OTHERS – Respondents
IAs Nos. 17-19 of 2012 in WP (C) No. 50 of 1998
Decided on : January 4, 2013
Monitoring - Toxic Waste Disposal - The court allowed the petitioner to intervene in a Special Leave Petition regarding the removal of toxic waste, which conflicted with the directions given in a previous judgment.
Fact of the Case:
The court was informed about the conflict between the directions given in a previous judgment regarding the disposal of toxic waste and the orders passed by the Madhya Pradesh High Court in monitoring the removal of the same toxic waste.
Finding of the Court:
The court allowed the petitioner to intervene in the Special Leave Petition and directed the filing of replies and rejoinders within specific timelines.
Issues: Conflict between previous judgment directions and orders passed by the Madhya Pradesh High Court, intervention in Special Leave Petition.
Ratio Decidendi: The court's decision was influenced by the conflict between the previous judgment directions and the ongoing monitoring of toxic waste removal, allowing the petitioner to intervene in the Special Leave Petition.
Final Decision: The court allowed the petitioner to intervene in the Special Leave Petition and directed the filing of replies and rejoinders within specific timelines.
Order
1. We have heard the learned counsel for the parties. In this Court’s judgment in Writ Petition (C) No. 50 of 1998, etc. dated 09-08-2012, some directions were given with regard to the disposal of toxic materials / waste lying in and around the factory of Union Carbide Corporation Ltd., Bhopal.
2. It has been brought to our notice by this interlocutory application that the Madhya Pradesh High Court has been monitoring the removal of the same toxic waste in WP No. 2802 of 2004 and against the orders passed by the Madhya Pradesh High Court, Special Leave Petition No. 9874 of 2012 has been filed in this Court and a Bench of this Court is now monitoring the removal of the aforementioned toxic materials / waste.
3. Obviously, the directions in the judgment dated 09-08-2012 may conflict with the orders that may be passed by the Bench hearing Special Leave Petition No. 9874 of 2012.
4. It will be open for the petitioner in Writ Petition (C) No. 50 of 1998 to intervene in the aforesaid Special Leave Petition (Civil) No. 9874 of 2012.
5. IA No. 17 stands allowed accordingly.
6. Reply be filed on behalf of the petitioners in Writ Petition (Civil) No. 50 of 1998 within two weeks from today.
7. Rejoinder, if any, be filed by the applicant within two weeks thereafter.
List the IAs after four weeks.
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