National Green Tribunal
Sheikh Shakir vs Grasim Industries Ltd. Chemical ... on 27 July, 2023
Item No.04
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONAL BENCH, BHOPAL
(By Virtual Mode)
Original Application No.02/2023(CZ)
Sheikh Shakir Applicant(s)
Versus
Grasim Industries Ltd. Chemical Division & Ors. Respondent(s)
Date of hearing: 27.07.2023
CORAM: HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s) : Ms. Zubia Sajid, Advocate
For Respondent(s) : Mr. Pinaki Misra, Sr. Adv. Alongwith Mr. Rajat
Jariwal and Ms. Prerna Singh, Adv. For R-1
Mr. Yadvendra Yadav, Adv. for CGWA
Ms. Parul Bhadoria, Adv. for CECB
Mr. Om Shankar Shrivastava, Adv. for MoEF
Mr. Sachin K. Verma, Adv. for Standing Counsel
State of M.P.
Mr. Ankul Jain, ADM, Ujjain
Mr. Dinesh Tiwari, Adv. for R-1
Mr. Shahazad Irani, Adv. for R-1
ORDER
1. The issues raised in this application is non-compliance of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981; discharging chemical /untreated water on the open land, adversely damaging the soil, and further discharge of chemical water into the water body adversely affecting fishes and animals who drink water of the river.
2. The brief facts of this original application are that the respondent 1 is a large scale industry engaged in production of stable bleaching power, poly aluminum chloride, Chlorinated paraffin, Chloromethane, Chloro Sulphonic Acid, Calcium Chloride and caustic soda. In addition to 1 these, industry is producing many by products which include Chlorine, Hydrochloric Acid, Sodium Hypochlorite, Hydrogen, Compressed Hydrogen, Carbon Dioxide. The city areas namely Rajendra Nagar. Durgapura and Mehatwas are located adjacent to the co-generation plant, about 200 meters, in ward 35-36 of Nagda city, which is a thickly populated area.
3. Respondent 1 operates with highly acidic elements like sulphur, mercury, chlorine, aluminium chloride, brine and HCL on a daily basis, leading to indiscriminate pollution in the area. Coal is heated with sulphur to produce carbon di sulphide and caustic soda which is highly inflammable.
4. Owing to the chemical processes, chemical water from the premises is discharged into an industrial drain, purposefully made by officials of respondent 1 which flows into Chambal river, located around 300 meters and thereby toxic water is drained into Gandhi Sagar Dam, downstream Chambal Nadi. This water is supplied to Nagda and Kachhrod for consumption.
5. The chemical used/produced in the industry is highly toxic and gives out a pungent smell which is unbearable for the residents living in and around Nagda town. Birds like sand-piper, dove were common in the area but are not visible anymore.
6. The respondent industry has not taken permission for extraction of ground water from the ground water board, however the industry is engaged in regular use of ground water.
7. The side effect of the these chemicals are as follows :-
Chloromethane Acute (Short -Term) Exposure to high (gas) concentration of Methyle Chloride in humas has 2 caused severe neurological effects. Methyle Chloride has also caused effects on the heart rate, blood pressure, liver and kidneys in humans, Chronic (ling - term) animal's studies have shown liver, kidney spleen and central nervous system (CNS) effects.
Sodium Is corrosive and may irritate the skin or cause Hypochloride burning, pain, inflammation and blisters ocular exposure can cause irritation, pain, lacrimation and photophobia.
Carbon di - Can cause headache, dizziness, difficulty in Oxide breathing, termors, confusion and ringing the ears, higher exposure can cause convulsion, coma and death.
Hydrogen Can cause irritation of the eyes, skin, and Chloride Gas respiratory tract - exposure to high level can result in corrosive damage to the eyes, skin and respiratory tissues and could lead to Pulmonary edema and even death in extreme cases.
Poly Causes eye and skin irritation mist and vapor - Aluminium causes respiratory tract and mucous membrane Chloride irritation. Potential Health Effects - inhalation irritation eye contact, may cause irritation with redness and swelling ingestion: irritation of the mouth and stomach headaches, ringing in ears Hydrogen Gas dizziness, vomiting and depression of all senses. Sodium ¼dkfLVd lksMk½ ;g cgqr {kkjh; gS] ;g ty lalk/kuksa dks Hydroxide iznwf"kr djrk gSA vYljsVsM vkSj vUuiz.kkyh fNfnzr isV vkSj NksVh vkarA Contact with very high concentration of sodium hydroxide can cause severe burns to eyes, skin, digestive system or lungs, resulting in permanent damage may cause dermatitis. Repeated inhalation of Sodium hydroxide vapor can lead to permanent lung damage.
Sodium The impacts are stomach pan, a burning Hypochloride sensation, coughing, loose bowels and irritate 3 throat and heaving it causes redness and pain eyes and skin.
Hydrochloric Hydrochloric acid is corrosive to the eyes, skin Acid and mucous membranes. Acute (Short - term) inhalation exposure may cause eye, nose and respiratory tract irritation and inflammation and pulmonary edema in humans, vapors or mist can cause damage to the mucous membranes of the respiratory system. Chronic exposure can cause chronic bronchitis.
Dyksfju xSl lkal ysus esa dfBukbZ vkSj [kkalh] QsQM+ksa ds lquus ls vke rkSj ij njkjsa fn[kkbZ nsxa h] eryh] myVh] fljnnZ ;k ?kcjkgV
8. Noticing the complaint raised by applicant, Tribunal found it appropriate to obtain a factual report and vide order dated 09.02.2023, it constituted a Joint Committee comprising following:
i. Collector, Ujjain, (M.P.).
ii. One representative from MoEF&CC, Regional Office, Bhopal.
iii. One representative from Central Pollution Control Board, (M.P.). iv. One representative from Madhya Pradesh Pollution Control Board
9. Committee has submitted its report after making inspection on 21.03.2023 and report is on page 96 of the paperbook.
10. To the said report, applicant has filed a detailed objection dated 01.07.2023, mainly stating that the committee visited site without informing the applicant and therefore applicant had no opportunity to assist the committee; and it has collected samples not from the relevant sites or places but from different sites as pointed out by proponent to have a favourable report. Applicant has also filed certain testing reports after collecting samples herself from certain sites. 4
11. At this stage, we neither intend to comment on such reports based on sample privately collected by applicant nor propose to express any final opinion on the Joint Committee report and find it appropriate to have a fresh report so that this time site visit/inspection is made in presence of applicant and representative of respondent 1 i.e. project proponent and thereafter samples would be collected and report shall be submitted.
12. We direct the same committee, which was constituted vide order dated 09.02.2023, to submit a fresh report but it shall ensure that site shall be visited after giving prior information to applicant so that applicant may also have an opportunity to remain present at the time of inspection and representative of respondent 1 shall also remain present. Respondent 1 may be given information of inspection on reaching the site and prior notice to respondent 1 is not necessary.
13. Report shall include physico-chemical property of the water in respect of heavy metals also besides other. The said report shall be submitted within one month, after serving copies upon the parties.
14. Parties thereafter shall have an opportunity to file objections, if any, within 10 days.
15. List this matter on 21.09.2023.
Sudhir Agarwal, JM Dr. Afroz Ahmad, EM July 27, 2023 Original Application No.02/2023(CZ) N 5