5/9/2023 0 Comments Print test page![]() The successor firms of Union Carbide, represented by senior advocate Harish Salve, had told the court that depreciation of the rupee since 1989 cannot be a ground to seek a "top-up" of compensation now. The Constitution bench, headed by Justice Sanjay Kishan Kaul and comprising Justice Sanjiv Khanna, Justice Abhay S Oka, Justice Vikram Nath and Justice J K Maheshwar, had on January 12 reserved its verdict on the petition. ![]() "If it is reopened then it may open a pandora's box and will be detrimental to the claimants," it added. ![]() "We are unsatisfied with the Union of India for not furnishing any rationale for raking up this issue after two decades.We are of the view that curative petitions cannot be entertained," the bench said. It directed that a sum of Rs 50 crore lying with the Reserve Bank of India be used to clear the pending compensation claims. The court also said that the centre had not provided any rationale for raking up this matter now. Rejecting the petition, the five-judge Constitution bench said the settlement can be set aside only on the ground of fraud and that the centre had not argued on this point. It had argued that the enormity of the actual damage to human lives and the environment could not be assessed properly at the time of the settlement in 1989. The centre had sought that the case be reopened and Union Carbide's successor firms be directed to pay an additional Rs 7,844 crore to victims of the gas leak.
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