‘N-plant should be governed by laws of land’

  • 18/09/2012

  • Asian Age (New Delhi)

Days after the Supreme Court was moved for disbanding the controversial Koodankulam nuclear power project, a new plea was filed in the top court on Monday seeking direction that the Russian company involved in setting up of the plant in Tamil Nadu pay damages in the event of an accident. The Public Interest Litigation (PIL), which is likely to come up for hearing on Thursday, states that the Koodankulam nuclear plant should be governed by the law of the land, i.e., the Constitutional principles of absolute liability and the polluter-pays principle. The Civil Liability for Nuclear Damage Act, 2010, imposes minimal liability on the supplier/manufacturer of the nuclear reactor, putting to grave risk the safety of the power plants, and channels the liability of a nuclear accident to the operator, i.e., the government undertaking of the said plant, the petition says. The petition, filed by NGOs Centre for Public Interest Litigation (CPIL) and Common Cause and some social activists, alleges that the Centre has exempted the Russian company from all liabilities in case of any accident which is against the law. The plea claims that the Centre has assured the Russian government that “Indian public exchequer and the Indian taxpayers would foot the bill in case of an accident and Russians would be indemnified”. The Koodankulam nuclear power plant site in Tamil Nadu has been marred by protests by anti-nuclear activists and people living in its vicinity against loading of fuel in the plant. “The said undertaking or agreement has inherently dangerous implications. It is a settled law that all agreements/undertakings in conflict of the law or public policy are void to the extent of the said conflict,” the petition said. The petitioner also pleaded that the Centre be directed to produce all the agreements signed with USSR/Russia regarding the setting up of nuclear power plant at Koodankulam before the apex court.