The apex court fixed November 22 for the final disposal of the case and recorded the statement of the Additional Solicitor General that the government has not yet accorded approval to the recommendation of a sub-committee of the Rajya Sabha on GM Crop.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said when the Centre has not accorded its approval for cultivation of the genetically modified crop, it means that there will be no plantation.
"The report is being considered by the government and no decision has been taken as of now on the recommendation," he said.
Advocate Prashant Bhushan, appearing for petitioner Aruna Rodrigues, said the system of regulating GM Crop is in complete shambles as there is no technology to conduct the tests.
He said that a multinational company has conducted the test and submitted the report to the government, based on which it is trying to cultivate the GM crops.
Alleging that field trials were being carried out without the relevant tests, Bhushan sought a 10-year moratorium on the trials.
A Technical Expert Committee (TEC) report had also said that the entire regulatory system was in "shambles" and a 10- year moratorium should be given, he had said.
The argument put forth by the ASG was that the regulatory regime has been in place for three decades and 32 reports have been filed over the years, but still the government, while looking at various aspects, has not taken any decision on granting approval.
The bench said it will hear the matter at length on November 22.
The apex court had on July 31 made clear that it would hear a plea challenging the commercial cultivation of GM mustard crop in the country if the government takes a decision in favour of the roll out.
The court had then said if the government approves the roll out, then it will hear the plea against the GM mustard seeds before the sowing season begins.
It had earlier asked the Centre to take a "considered" and "well-informed" view before taking a policy decision on the commercial release of GM mustard crop.
The government had said it was yet to take a policy decision on the commercial release of GM mustard crop and has been considering suggestions and objections on the issue.
Mustard is one of India's most important winter crops which is sown between mid-October and late November.
Rodrigues had filed the plea seeking a stay on the commercial release of GM mustard and prohibition of its open field trials.
The court was also urged to prohibit open field trials and commercial release of Herbicide Tolerant (HT) crops, including HT Mustard DMH 11 and its parent lines/variants as recommended by the TEC in its report.
It said the contamination caused by mustard HT DMH 11 and its HT parents would be "irremediable and irreversible".
"The contamination of our seed stock and germ plasm as will happen with mustard HT DMH 11 and its HT parents will be irremediable and irreversible making our food toxic at the molecular level without recourse," the plea had said.
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