NEW DELHI: Supreme Court Monday asked govt whether Sustainable Harnessing and Advancing of Nuclear Energy for Transforming India (Shanti) Act — which limits operator’s liability at Rs 4,000 crore — impede constitutional courts from awarding appropriate and adequate compensation in an unforeseen event of a nuclear power plant mishap.The clarification was sought by a bench of CJI Surya Kant and Justices Joymalya Bagchi and V Mohana, as petitioner EAS Sarma’s advocate Prashant Bhushan said the law capped the operator’s liability at a paltry Rs 4,000 crore even though in case of a mishap the liability towards citizens would run into tens of thousands of crores.
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Bhushan said the paltry liability clause would make foreign suppliers become lax towards stringent safety norms, which in turn would make a nuclear power plant a constant threat to lives of citizens living around it. In addition, he argued, if govt could put up solar power plants on 6% of available waste land, it could generate six times more electricity than the present requirement.SC asked, “Does the Act say constitutional court’s jurisdiction is barred from entertaining pleas of citizens demanding higher compensation, if, god forbid, an unforeseen unfortunate mishap happens in a nuclear power plant?”During the last hearing, the top court had observed “if total liability after an unforeseen nuclear plant mishap works out to Rs 40,000 crore, the nation in a parliamentary regime can say it can absolve the operator beyond Rs 4,000 crore. But that does not bind courts from determining actual liability of govt towards each citizen affected by the mishap. Nobody can curtail even the powers of tribunals to award adequate compensation”.
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