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Supreme Court of India 2023-03-14 dismissed

UNION OF INDIA & ORS vs M/S. UNION CARBIDE CORPORATION & ORS

Bench: 5 — Sanjay Kishan Kaul, Sanjiv Khanna, Abhay S. Oka, Vikram Nath, J.K. Maheshwari

In Brief

The Union of India sought to reopen the 39-year-old Bhopal Gas Leak disaster settlement (US$470 million) through curative petitions filed 19 years after settlement. The Union argued that the settlement was based on incomplete victim data and should be 'topped up' to account for higher actual death and injury figures, plus additional state expenditure on relief. The Court dismissed the petitions, holding that settlements reached after careful judicial consideration possess conclusive finality. The settlement fund proved adequate and was even doubled after pro-rata distribution; remaining deficiencies were the Union's responsibility as a welfare state, not UCC's. No legal principle permits unilateral enhancement of consensual settlements without the other party's consent. Curative petitions lack the procedural compliance required under established jurisprudence.

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Tort Law Settlement & Compromise Constitutional Law (Article 142) Curative Jurisdiction Disaster Compensation Environmental Law Statutory Schemes Welfare State Obligations Civil Procedure Judicial Finality

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