RESEARCH FOUNDATION FOR SCIENCE TECHNOLOGY AND NATIONAL RESOURCE POLICY Vs. UNION OF INDIA
LAWS(SC)-2011-10-70
SUPREME COURT OF INDIA
Decided on October 11,2011

RESEARCH FOUNDATION FOR SCIENCE, TECHNOLOGY AND NATIONAL RESOURCE POLICY Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

- (1.) In this application filed by Ship Recycling Association (India), prayer has been made to restrain the Gujarat Maritime Board (for short, 'the Board') from auctioning the four vacant plots measuring 120 square meters at Alang Ship-Recycling Yard and to direct the Board to amalgamate and/or convert the existing smaller plots measuring 30 square meters into bigger plots before auctioning the four vacant plots.
(2.) While, learned Counsel for the applicant heavily relied upon the recommendations made by the Standing Monitoring Committee on Ship Breaking Yard at Alang which is said to have recommended for merger of the available plots with the smaller plots, learned Counsel representing the Board submitted that in view of the provisions contained in the Gujarat Maritime Board Act, 1981 (for short, "the Act"), the Gujarat Maritime Board (Conditions and Procedures for Granting Permission for Utilising Ship Recycling Plots) Regulations, 2006 (for short, "the Regulations") and the policy framed by the Board for amalgamation/merger of the existing plots, the smaller plots on which the members of the applicant association are carrying their operations, cannot be merged with the four plots proposed to be auctioned. Learned Counsel also produced site map to show that the plots proposed to be auctioned are far away from the 30 square meters plots and argued that the same cannot be amalgamated or merged with the smaller plots.
(3.) We have considered the respective submissions and carefully perused the documents on which reliance has been placed by learned Counsel for the parties. We have also gone through the provisions of the Act and the Regulations as also the guidelines framed by the Board for amalgamation of the plots.;


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