Please find below the prayers in the Curative Petition filed in the Supreme
Court by the Union of India as



*parens patriae *(guardian) of the victims of the world's largest industrial
disaster - the 'Bhopal Gas Tragedy'



seeking enhancement of compensation which was determined by the Court



vide its Orders dated 14th and 15th February, 1989 reported in (1989) (1)
SCC 674, read with order dated 4th May, 1989 reported in (1989) 3 SCC
38 and



the judgment and order in the review petitions dated 3rd October, 1991
reported in (1991) 4 SCC 584.



The Curative Petition was settled by G.E.Vahanvati, Attorney General for
India.



Also attached is a note from petitions that were submitted in person to the
Speaker, Lok Sabha and the Chairperson, Rajya Sabha  with regard to the
compensation, rehabilitation and environmental degradation in the matter of
Bhopal Disaster on 3rd December, 2010 in the Parliament.



IN THE SUPREME COURT OF INDIA


CIVIL APPELLATE JURISDICTION

CURATIVE PETITION (C) NO. ________OF 2010

[AGAINST THE IMPUGNED JUDGMENT AND ORDER DATED 14TH AND 15THFEBRUARY 1989,
4th MAY 1989 AND THE JUDGMENT AND ORDER DATED 3RD OCTOBER 1991 PASSED BY
THIS HON’BLE COURT]

BETWEEN:

Union of India

Through its Secretary,

Ministry of Chemicals & Fertilizers

Department of Chemicals & Petrochemicals

A Wing, Shastri Bhavan,

New Delhi-110 001. ... PETITIONERS

VERSUS

1. M/s Union Carbide Corporation,

Presently a wholly owned subsidiary of

DOW Chemicals Company,

Having its Head Office at

400, West Sam Houston

Parkway South, Houston,

Texas 77042, USA

2. The DOW Chemicals Company,

Having its Head Office at 2030,

Dow Centre, Midland,

Michigan, 48674,

Michigan (USA)

3. M/s McLeod Russel India,

Having its registered office,

At Four Mangoe Lane,

Surendra Mohan Ghosh Sarani,

Kolkata-700 001

4. M/s Eveready Industries Limited,

India, having its registered

Office at Eveready Industries India Ltd.

Jeevan Deep Building,

1, Middleton Street,

Kolkata – 700 071 ...RESPONDENTS

TO,

THE HON’BLE CHIEF JUSTICE OF INDIA AND HIS COMPANION JUSTICES OF THE HON’BLE
SUPREME COURT

The humble petition of the Petitioner above-named

I. MOST RESPECTFULLY SHOWETH:

The Petitioner is the Union of India constituted as parens patriae under the
Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985.

*PRAYER*

The Petitioners, therefore, most respectfully pray that this Hon’ble Court
may graciously be pleased to:

(a) Direct the Respondents to pay additional compensation on account of the
following:

CLAIM I:

Incorrect and wrong assumption of facts and data in the impugned judgments
and orders passed by this Hon'ble Court on the basis of the following
options which are taken in the alternative and without prejudice to each
other:

option i

i) US$ 1129.19 million / `5263.16 Cr. (Monthly LIBOR) or

ii) US$ 1194.13 million / ` 5565.84 Cr. (Half yearly LIBOR) or

iii) US$ 1241.38 million / ` 5786.07 Cr. (Yearly LIBOR)

OR

option ii

US$ 707.72 million /` 3298.69 Cr

OR

option iii

US$ 629.99 million/` 2936.36 Cr

AND

CLAIM II:

Claim of ` 1743.15 Cr. on account of actual expenditure incurred/committed
by the Central /State Governments towards relief and rehabilitation
measures.

AND

CLAIM III:

Claim of ` 315.7 Cr. on account of remedial measures to be undertaken for
Environmental Degradation.

(b) Pass such other order or orders as deemed necessary in the interest of
justice.

Complete text of the Curative Petition is available on:
toxicswatch.blogspot.com


Gopal Krishna
ToxicsWatch Alliance
New Delhi
Mb: 9818089660
E-mail:[email protected] <e-mail%[email protected]>
Website: www.toxicswatch.com
Blog: toxicswatch.blogspot.com

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Attachment: Notes from petitions submitted to the Parliament.docx
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