CASES REPORTED IN (2013) 6 SCC PART 4 – JULY 28, 2013 G. Sundarrajan v. Union of India, (2013) 6 SCC 620 (Civil Appeals No. 4440 of 2013 with Nos. 4441 of 2013, 4442 of 2013 and 4443 of 2013, decided on May 6, 2013): National nuclear policy and KKNPP [Kudankulam NPP (nuclear power plant)] project are justifiable, viable, valid and in tune with the principles of sustainable development, principle of intergenerational equality, principle of greatest good of the greatest number and latest principles and codes of nuclear safety standards set up and confirmed by national and international experts. In light of the above, it is held that KKNPP cannot be directed to be closed down. It has got all required clearances, NOCs and approvals. Establishment of KKNPP project is valid and courts cannot go into the safety standards set by experts. A handful of Judges cannot interfere with policy decisions framed by elected representatives of the people. Court has to respect national nuclear policy of the country reflected in the Atomic Energy Act and the same has to be given effect to for the welfare of the people and the country’s economic growth and it is with these objectives in mind that KKNPP has been set up but when it is a question of right to life and safety of citizens, the courts must undertake an exercise to allay the fears expressed by people because nuclear accidents have taken place and it is natural for people to be apprehensive about a nuclear disaster. Therefore, additional detailed directions issued to ensure safety: (a) complete dedication by all to avert nuclear disaster, (b) continuous monitoring by authorities, (c) safe storage and transportation of nuclear waste i.e. spent nuclear fuel (SNF), (d) disaster management, preparedness, education and training of personnel/public functionaries, (e) discharge of corporate social responsibility (CSR), etc., and (f) final, valid and proper clearance before commissioning. Refer the link below to read the full judgment, https://scconline.co.in/cases.aspx?q=(2013)_6_SCC_620&db=1
Posted on: Tue, 03 Sep 2013 03:52:41 +0000
Trending Topics
Recently Viewed Topics
© 2015