National Green Tribunal
News Item Titled "Five Workers Die Due To ... vs . Ankita Sinha & Ors." Reported In 2021 on 18 October, 2024
Item No. 18 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 1244/2024
News Item titled "Five workers die due to asphyxiation while cleaning
tank at agrotech firm in Gujarat" appearing in the Times of India dated
16.10.2024
Date of hearing: 18.10.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
ORDER
1. This original application is registered suo motu on the basis of the news item titled "Five workers die due to asphyxiation while cleaning tank at agrotech firm in Gujarat" appearing in 'the Times of India' dated 16.10.2024.
2. The news item relates to the death of 5 workers due to asphyxiation while cleaning a sludge tank at an agrotech company called 'Emami Agrotech', a firm engaged in the production of edible oil and biodiesel, located in the Kutch district in Gujarat. As per the article, the incident occurred around 1 am when the workers were cleaning the effluent treatment plant of the company. The article states that when a worker entered a tank to clear out sludge, he lost consciousness. Two other workers hurried in to help him but also collapsed. Subsequently, two more workers entered, leading to a total of five fatalities.
3. The news item raises substantial issue relating to compliance of the environmental norms.
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4. Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon'ble Supreme Court in the matter of "Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors." reported in 2021 SCC Online SC 897.
5. Hence, we implead the following as respondents in the matter:
(1). Gujarat Pollution Control Board (GPCB), Through its Member Secretary, Paryavaran Bhavan, Sector-10A, Gandhinagar-
382010, Gujarat.
(2). Central Pollution Control Board (CPCB), Through its Member Secretary, Parivesh Bhawan, East Arjun Nagar, Delhi- 110032.
(3). Ministry of Environment, Forest and Climate Change (MOEF), Gujarat, Kendriya Sadan, 4th Floor, E&F Wings, 17th Main Road, Koramangala II Block, Bangalore - 560034. (4). District Magistrate (DM), Kutch, Collector Office, Jilla Seva Sadan, Bhuj-370001, Gujarat
6. Issue notice to the above respondents for filing their response/reply by way of affidavit before the appropriate bench of the Tribunal at least one week before the next date of hearing. If any respondent directly files the reply without routing it through his advocate, then the said respondent will remain virtually present to assist the Tribunal.
7. Since the matter relates to the western zonal bench therefor, it is transferred to the western zonal bench Pune. The registry is directed to transfer the original file to the western zonal bench Pune. 2
8. List before western zonal bench Pune on 09.12.2024.
Prakash Shrivastava, CP Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM October 18, 2024 Original Application No. 1244/2024 dv..
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