Full Judgment Text
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 3353/2013
Date of Decision : 21.05.2026
IN THE MATTER OF:
NUCLEAR POWER CORPORATION OF INDIA LIMITED
.....Petitioner
Through: Mr. E.R. Kumar, Mr. D.P. Mohanty,
Mr. Aditya Sharma and Mr. Jayant
Bajaj, Advocates.
versus
SP UDAYKUMAR .....Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
JUDGEMENT
PURUSHAINDRA KUMAR KAURAV, J. (ORAL)
1. The instant petition is for the following reliefs:
“a) quashing and setting aside the Order passed by the Ld. CIC dated
30.04.2015 in so far as it relates to the providing of the copies of the
Safety Analysis Reports;
b) and to pass such other direction or order as this Hon’ble court may
deem fit and proper in the facts and circumstances of the case and in the
interests of justice.”
2. The petitioner- Nuclear Power Corporation Of India Limited
( NPCIL ) is challenging order dated 30.04.2012 passed by the Central
Information Commission ( CIC ), whereby, it has been directed to provide
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Signed
By:PURUSHAINDRA
KUMAR KAURAV
Signed By:AMIT KUMAR
SHARMA
Signing Date:30.05.2026
12:26:07
copies of the Safety Analysis Report ( SAR ) and Site Evaluation Report
( SER ) of Kudankulam Nuclear Power Plant ( KKNPP ) Reactor – I and II in
Tamil Nadu to the respondent after severing any proprietary details of
designs and also to publish the same on their website.
3. Learned counsel appearing on behalf of the petitioner submits that,
the SER has already been furnished to the respondent and also uploaded on
its website, after the institution of this petition. The only question which
remains for consideration is whether the impugned directions are
sustainable, insofar as they relate to the SAR.
4. The facts of the case would indicate that the respondent-Right to
Information ( RTI ) applicant had, in the year 2010 when the KKNPP was
being constructed, sought information pertaining to Reactor-I and II thereof,
including the SAR and SER and Environment Impact Assessment Report
( EIAR ).
5. The Central Public Information Officer ( CPIO ) of NPCIL vide reply
dated 24.03.2010, stated that the EIAR would be furnished to the respondent
upon payment of the requisite fees. The said EIAR was thereafter, furnished
to the latter on 04.05.2010. However, the request for copies of the SAR and
the SER was rejected on the ground that the same, which contain proprietary
details of the reactor‟s design, and therefore, were exempted under Sections
8(1)(a) and 8(1)(d) of the Right to Information Act, 2005 ( RTI Act ).
6. On 11.07.2013, after issuing notice to the respondent, this Court
stayed the impugned order, insofar as it relates to the SAR and SER.
Initially, the respondent had appeared before the Court. However, since
19.05.2016, he has remained unrepresented. It, thus, appears that he has lost
interest in the prosecution of his RTI application.
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By:PURUSHAINDRA
KUMAR KAURAV
Signed By:AMIT KUMAR
SHARMA
Signing Date:30.05.2026
12:26:07
7. Learned counsel for the petitioner submits that the Supreme Court in
1
G. Sundarrajan vs. Union of India and Others , wherein, safety-related
aspects with respect to KKNP were up for consideration, the Court has noted
that the design of the power plant plays a key role in addressing the
aforesaid concerns. Paragraph nos. 51-55, 79-87 and 94 of the said decision,
on which learned counsel places reliance, are extracted below for reference:
“ 51 . The Government of India, following its national nuclear policy,
decided to set up an NPP in the southern part of the country. DAE, for
that purpose constituted a Site Selection Committee (SSC) for selecting a
suitable site in the Coromandel Coast of Tamil Nadu. The Committee,
after surveying various sites, selected Kudankulam in Tirunelveli District
of Tamil Nadu as the most suitable place for locating NPP. Npcil also
made a detailed study of the selected site in the light of the Code of
Practice framed by AERB regarding safety in NPP siting. Kudankulam,
the site located, is situated on the shore of Gulf of Mannar near the
south-eastern tip of India in the coastal track at an elevation of +3 to
+45m above MSL forming the southern fringe of soil covered plains.
Most of the rivers in the area are seasonal and there are no major lakes,
dams or ponds existing within 20 km radius around the project site. The
climate in the area is arid and is similar to other coastal regions. As per
IMD Station at Kanyakumari, the wind speed is in the range of 6 to 30
km/hr. The ambient temperature varies in the range of 21°C - 34°C,
while the relative humidity ranges from 68% to 80%. Geologically, the
site is made up of the Archean super group of crystalline rocks,
sedimentary rocks of Precambrian origin and recent quaternary deposits.
The geological profiles studied up to 80m depth indicates that the site
comprises of highly metamorphosed rocks with granulated and
amphibolites faces of charnokites belonging to the archean super group.
NPP site is situated in the south of Pandian movable belt, the
metamorphic rocks of which are the foundations of ancient platform.
52 . The NPP site is situated in an area with expected earthquake
intensity of up to V on the modified intensity scale. The site area falls
within Seismic Zone II which is a moderately stable area as per the
seismic zoning map (SZP) of India. The strongest earthquake near this
area and within the Indian peninsula was Coimbatore earthquake of
February 1900. The epicentre of this earthquake was situated at a radial
distance of 300 km from the proposed NPP site. The site of the plant lies
1
(2013) 6 SCC 620
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By:PURUSHAINDRA
KUMAR KAURAV
Signed By:AMIT KUMAR
SHARMA
Signing Date:30.05.2026
12:26:07
in Zone II of SZP of India, where shocks of intensity VI or magnitude 5
can occur. In the region, no shock of magnitude 5 is known to have
occurred at less than 100 km distance from the plant site. Within the
distance of 300 km, some 27 earthquakes of intensity IV to VIII or a
magnitude ranging between 4 to 5.7 are known to have occurred from
1341 to 1972.
53 . A detailed study was also conducted as to whether a site-plant
interaction would reduce any radiological risk or others of an
unacceptable magnitude. Radiological risk to nuclear plant due to
external events should not exceed the range of radiological risk
associated with accidents of internal origin and the possible radiological
impact of an NPP on the environment should be acceptably low for
normal operation and accident conditions and within the stipulated
criteria for radiological safety. In evaluating the suitability of a site for
locating an NPP, the effect of external events (natural and man-induced)
on the plant; effect of plant on environment and population; and
implementation of emergency procedures particularly protective counter-
measures in the public domain, had to be addressed. SSC study also
included the assessment of seismicity, location of faults, geology,
foundation conditions, meteorology, potential of flooding (from tsunami,
storm surge, etc. at coastal sites and from rain, upstream dam break, etc.
at inland sites), proximity to airports, military installations, facilities
storing explosive and toxic substances, etc. The environmental setting
comprising of biodiversity including flora and fauna, marine ecology,
etc. in the region was also evaluated. SSC had taken care of all those
aspects before making its recommendations to the Government. Npcil,
Union of India and other statutory authorities had taken care to follow
the practice laid down by AERB on safety in NPP site.
54. Kknpp consists of two VVER-1000 types of units having 1000 MWe
rating each. VVER reactors being established at Kknpp belong to the
family of Advance Pressurised Water Reactors (PWRs) and presently 439
nuclear reactors are under operation in the world and about 209 of them
belong to PWR family, including 55 VVERs. The construction activities
had started at the site on 31-3-2002 and two units are being implemented
with the technical assistance of Russian Federation as per the inter-
Governmental agreement (IGA) between India and Russia. As per the
agreement, design and supply of major equipments are done by Russian
Federation, while construction, erection, commission and operation are
being carried out by Npcil.
55 . KKNPP is of a most modern design. PWR cooled and moderated by
light and water and its core containing the nuclear fuel is located inside
a pressure vessel. There are no pressurising tubes, no graphite
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By:PURUSHAINDRA
KUMAR KAURAV
Signed By:AMIT KUMAR
SHARMA
Signing Date:30.05.2026
12:26:07
moderator and no boiling of water in the core. The reactor is located
inside an airtight primary containment building which is surrounded by
secondary containment. There are other design features in NPP which
assure adequate core cooling under deconceivable off-normal conditions
including total loss of electric power. Even for the hypothetical case of a
core meltdown, a core-catcher is provided where the molten core is
retained and cooled and the double containment ensures that there will
be no significant radiological impact in the public domain. NPP, has
been divided into three stages, first stage comprises of building PHWRs
and using natural uranium. The second stage includes setting up fast
breeder reactors backed by reprocessing plants and plutonium-based
fuel fabrication plants. The third stage is based on the thorium-uranium-
233 cycle.
79 . We are all exposed to the naturally occurring radiation in our daily
lives. Cosmic radiation from outside the solar system is also common
phenomenon. The earth's crust is radioactive, so also above the earth's
surface where we fly by aeroplane, we also get doses of radiation.
Medical diagnostic treatment such as x-ray, CT scan, angiography,
angioplasty also radiates radioactive dose. However, the development of
nuclear reactors which, for the first time, made possible the production
of radioisotopes of many different elements, expanded the field of
radioactive materials. Production and use of it, therefore, is bound to
create a little bit of marginal radiation which seldom can be prevented
.
80 . The Atomic Energy (Radiation Protection) Rules (“the Radio
Protection Rules” now) were initially framed and revised in 2004.
According to the Rules no person could handle radioactive material or
operate any radiation generating equipment except in accordance with
the terms and conditions of a licence. The Atomic Energy (Control of
Irradiation of Food) Rules, 1990 (revised in 1996) seeks to regulate the
irradiation of foods in the country. The provisions of the Act, statutory
rules and regulations, various codes, safety standards, etc. issued by
AERB buttressed by the technical assistance provided by IAEA, NEA,
World Association of Nuclear Operations (WANO), etc. are being
followed in India in respect of 20 operating power reactors which are
existing in this country. Safeguarding the nuclear plants, radioactive
materials and ensuring its physical security have therefore become a
central part of nuclear law. Risks arising from NPP, do affect not merely
the country which chooses to use that technology but can have
catastrophic consequences to the neighbouring countries as well. Non-
proliferation, disarmament and peaceful use are stated to be the three
pillars of all the international conventions. Nuclear technologies and
techniques, it is well accepted, can offer vital benefits for improving
human well being, like health care, radio therapy, food security,
agricultural advantages to the present and generation.
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By:PURUSHAINDRA
KUMAR KAURAV
Signed By:AMIT KUMAR
SHARMA
Signing Date:30.05.2026
12:26:07
81 . The Prime Minister of India, as already indicated, ordered a fresh
review of all safety of NPPs, on 11-3-2011, immediately after the
accident at Fukushima NPP, Japan with respect to external events. The
Prime Minister of India had emphasised that the safety of nuclear power
plants was a matter of highest priority for the Government and called for
safety audits of all NPPs. Npcil, the operating agency, constituted
separate task forces to review safety of NPPs depending on types of
reactor designs and their vintages in India. Npcil constituted broad
categories of Indian NPPs to make an assessment of:
• Boiling water reactors (BWR) (TAPS 1 and 2);
• Pressurised heavy water reactors (PHWRs) at RAPS 1 and 2;
• PHWRs at MAPS 1 and 2;
• Standard PHWRs from NAPS onwards.
82. The task forces reviewed safety of NPPs with a postulated scenario of
non-availability of off-site and on-site electric power and water supply
sources. The reports of the task forces are summarised in a document
titled “Safety Evaluation of Indian NPPs Post-Fukushima Incident” to
provide an integrated assessment of strength of Indian NPPs to withstand
extreme external events. Report was submitted by the end of March 2011.
Over and above, two more task forces were constituted for VVERs, one of
which was for VVER, pressurised water reactors (PWR), under
construction at Kknpp, and another for 700 MWe PHWRs. Npcil also
constituted task forces on safety evaluation of the systems of Kknpp post-
Fukushima which gave its interim report on 11-5-2011. The task force
found that Kknpp had already incorporated all safety standards,
including passive systems to ensure reactor shutdown.
83. AERB, in pursuance of the direction of the Prime Minister,
constituted a High-Level Committee (Aerbsc-EE) to review safety of
NPPs against external events of natural origin (post-Fukushima
accident) with national level experts in the areas of (i) design, safety
analysis and NPP operation; and (ii) external events in the field of
seismology, hydrology and earthquake engineering to carry out a
comprehensive review of capability of NPPs to deal with external events
within and beyond design basis. The Committee constituted specialist
working groups and they reviewed the following major areas:
• External events in relation to the safety of NPPs;
• Safety of electrical, control and instrumentation systems against
external events;
• Safety of NPPs under prolonged station black out (SBO) and loss
of ultimate heat sink;
• Safety of spent fuel storage facilities at NPPs against external
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By:PURUSHAINDRA
KUMAR KAURAV
Signed By:AMIT KUMAR
SHARMA
Signing Date:30.05.2026
12:26:07
events;
• Severe accident management provisions and guidelines (SAMG).
84 . AERBSC-EE submitted its report on 31-8-2011. AERB has also taken
cognizance of self-assessment carried out by Npcil and the site-specific
focused regulatory inspections. The Npcil and AERB Report indicates
that the overall assessment of safety of Indian NPPs following
Fukushima nuclear accident and the actions taken/planned based on the
lessons learnt are enumerated in the report. The following aspects were
addressed:
(i) External events
(ii) Design
(iii) Severe accident management and recovery (on site)
(iv) National organisations
(v) Emergency preparedness and response and post-accident
manage-ment (off site)
(vi) International cooperation
85. The Government of India also submitted a national report in May
2012 on the actions taken for Indian NPPs, subsequent to Fukushima
nuclear accident to the Convention on nuclear safety in the Second
Extraordinary Meeting of contracting parties, held in August 2012 at
Vienna.
86. The Expert Committee of AERB, LWR in its final report dated 31-8-
2011 gave 17 safety measures by way of abundant caution. We have
directed Npcil to file a status report with respect to the completion date
of implementation of all the 17 recommendations made by AERB in
Annexure A of the Post-Fukushima AERB Recommendations. A
comparative chart giving the status and implementation of the Post-
Fukushima AERB Recommendations has been filed as Annexure A by
Npcil in its affidavit dated 3-12-2012, which will indicate that twelve
recommendations have already been complied with, except the following:
SL. No. Recommendations Status Completion
schedule
*
3. Mobile self-
powered pumping
equipment for
emergency use.
Two fire tenders with
diesel operated pump
is available at site. To
augment the capacity,
two additional fire
tenders are being
procured and made
April 2013
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By:PURUSHAINDRA
KUMAR KAURAV
Signed By:AMIT KUMAR
SHARMA
Signing Date:30.05.2026
12:26:07
available. Chassis has
been procured and
fabrication of the fire
tender is in progress.
4.
Facility for
monitoring safety
parameters using
portable power
packs.
Present design of
Kknpp envisages 24-
hour battery bank for
monitoring parameters
and 2-hour battery
bank for valve
operation during an
event of station
blackout.
In order to extend the
duration of the
monitoring for not less
than 7 days, portable
DG sets will be
connected to the
instruments for
monitoring safety
parameters. One
portable DG set is
readily available for
use at site. Portable
measuring devices are
also available at site
for local monitoring.
April 2013
*
6. Primary
containment to be
assessed for
ultimate load-
bearing capacity
(ULBC).
Based on design
margins available, it
has been assessed that
for primary
containment, ultimate
load-bearing capacity
(ULBC) is at least 1.5
times design basis
accident (DBA) value.
Detailed analysis for
ultimate load-bearing
capacity (ULBC) will be
carried out
progressively.
Long term. Under
progress.
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By:PURUSHAINDRA
KUMAR KAURAV
Signed By:AMIT KUMAR
SHARMA
Signing Date:30.05.2026
12:26:07
*
8. Ensuring that
highly active
water used for
cooling the core-
catcher vessel
under beyond
design basis
accident (BDBA)
is contained inside
the primary
containment.
The required analysis
covering dose
estimation, equipment
qualification
assessment of
containing pressure is
being carried out.
Long term.
Under progress.
*
12. Adequacy of
instrumentation
for monitoring
plant status
during design
basis accident
(BDBA).
All the important
parameters of the
reactor such as neutron
flux, pressure above the
core, containment
pressure, hydrogen
concentration, reactor
coolant level, radiation
levels in containment,
coolant temperatures in
hot and cold legs, level
of fuel pool, and
accumulators, etc. will
be monitored during
design basis accident
(BDBA).
Please refer Item 4 also.
April 2013
(Adequacy of
instrumentation
ensured.
Provision to
extend power
supply to these
instruments will
be implemented
under Item 4
above.)
*
17. Provision of
additional backup
power supply
sources for
performing
essential safety
functions, like air
cooled diesel
generator (DG)
located at a high
elevation, should
be considered.
One portable DG set is
readily available for
use at site.
Another mobile diesel
generator (DG) set is
being made available
for redundancy.
April 2013.
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By:PURUSHAINDRA
KUMAR KAURAV
Signed By:AMIT KUMAR
SHARMA
Signing Date:30.05.2026
12:26:07
87 . We are convinced that Kknpp design incorporates advanced safety
features complying with the current standards of redundancy, reliability,
independence and prevention of common cause failures in its safety
systems. Design also takes care of anticipated operational occurrences
(AOO), design basis accidents (DBA) and beyond design basis accidents
(BDBA) like station blackout (SBO), anticipated transients without scram
(ATWS), metal water reaction in the water core and provision of core-
catcher to take care of core degradation. The design also includes the
provisions for withstanding external events like earthquake,
tsunami/storm, tidal waves, cyclones, shock waves, aircraft impact on
main buildings and fire. The 17 recommendations were made after the
Fukushima accident, the cause of which is a natural phenomenon. The
facts would indicate that tsunamigenic zone along the east coast of India
is more than 1300 km away from the nearest NPP site
(Madras/Kalpakkam) and about 1000 km away from Kudankulam. The
possibility of hitting tsunami at Kudankulam, as the one that hit
Fukushima, seems to be very remote.
94 . NPCIL had undertaken the task of constructing the two IGW reactors
of VVER-1000 Model in collaboration with Atomstroyexport, a wholly-
owned Russian Government company. Safety features of NPP as well as
the quality requirements for the plant equipment are part of the detailed
specifications agreed between the vendor and the purchaser, and as per
the quality assurance plan. Npcil, AERB also should ensure that there
can be no compromise on the quality of plant equipment, components
and other systems. ”
8. The Supreme Court has also noted that the establishment of KNPP
was pursuant to an inter-governmental agreement between India and Russia,
as per which, its designing was to be done by the Russian Federation,
whereas the construction, erection and commissioning was to be carried out
by the petitioner.
9. It appears that the Atomic Energy Regulatory Board ( AERB ) had
even recommended implementation of seventeen safety measures with
respect to the power plant. Units I and II of KKNP were also approved by
the Ministry of Environment, Forest and, Climate Change on 09.05.1989
subject to certain conditions. The Supreme Court also issued certain
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By:PURUSHAINDRA
KUMAR KAURAV
Signed By:AMIT KUMAR
SHARMA
Signing Date:30.05.2026
12:26:07
directions to ensure proper functioning of KKNP.
10. Learned counsel also submits that pursuant to the impugned order of
the CIC, the petitioner communicated the same to „Atomstroyexport‟
(Russian Federation), which objected to the publication of the SAR.
11. The Court, therefore, finds that the petitioner holds the SAR in a
fiduciary capacity qua the Russian Federation. Under Section 8 (1)(e) of the
RTI Act, such information is clearly exempt from the scope of the statute.
Moreover, considering the Supreme Court decision in G. Sundderrajan ,
wherein, the safety related concerns have been adequately considered and
rejected, there cannot be any larger public interest concerns warranting
disclosure of the information.
12. Further, under Section 8(1)(a) of the RTI Act, information the
disclosure of which would prejudicially affect the scientific, strategic, and
economic interests of the State as also foreign relations with a foreign State.
The information sought by the respondent would fall under this category as
well.
13. In view of the aforesaid factual and legal position, the impugned
directions insofar as they relate to supply of the SAR is concerned, stands
set aside.
14. With the aforesaid observations, the instant petition stands disposed
of.
PURUSHAINDRA KUMAR KAURAV, J
MAY 21, 2026/SH
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Signed
By:PURUSHAINDRA
KUMAR KAURAV
Signed By:AMIT KUMAR
SHARMA
Signing Date:30.05.2026
12:26:07