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[Cites 5, Cited by 0]

National Green Tribunal

News Item Titled Four Workers Killed In ... vs -Gujarat Pollution Control ... on 30 January, 2026

                                                                     (Pune Bench)

                 BEFORE THE NATIONAL GREEN TRIBUNAL
                     WESTERN ZONE BENCH, PUNE
             [THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]


             ORIGINAL APPLICATION NO.04 OF 2025 (WZ)
         [EARLIER ORIGINAL APPLICATION NO.1384 OF 2024 (WZ)]


     NEW ITEM TITLED "FOUR WORKERS KILLED IN STORAGE TANK
        EXPLOSION AT GUJRAT INDUSTRIAL UNIT" APPEARING
                  IN THE HINDU DATED 03.12.2024


CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SINGH, JUDICIAL MEMBER
       HON'BLE DR. SUJIT KUMAR BAJPAYEE, EXPERT MEMBER

                           ORDERS IN CHAMBER


1.     The cognizance of this matter has been taken suo motu by the

Principal Bench of this Tribunal on the basis of a news item titled "four

workers killed in storage tank explosion at Gujarat industrial unit" which

appeared in The Hindu dated 03.12.2024.


2.     The above news item relates to the death of four workers due to the

explosion of a storage tank at an industrial unit in Ankleshwar GIDC area

of Bharuch District in Gujarat. As per the news item, blast occurred when

labourers were working atop a storage tank inside the premises of Detox

India Pvt. Ltd.- Respondent No.5.

3. Vide order dated 23.12.2024, the Principal Bench of this Tribunal has impleaded above-mentioned Respondent Nos.1 to 5 and thereafter, vide order dated 06.02.2025, we had directed for impleadment of Directorate of Industrial safety and Health (DISH) as Respondent No.6 in the array of parties of the present Original Application and thereafter directed for issuance of notices to them for filing their responses/replies. ORIGINAL APPLICATION NO.04 OF 2025 (WZ) Page 1 of 6

4. In compliance to the above Notice, Respondent No.6- DISH has filed reply affidavit dated 07.08.2025, wherein it is submitted that on 03.12.2024 at about 12.40 hrs. in the afternoon, fatal accident took place in factory named Detox India Pvt. Ltd., Plot Nos.7921, 7922, 7923, GIDC Ankleshwar, Tal.- Ankleshwar, District- Bharuch, Gujarat due to the explosion in the feed tank no.1 of capacity 75 KL. During the work of installing railing on the rooftop of the said tank, a spark occurred and it led to explosion, in which total 4 workers died.

5. It is further mentioned in this affidavit by Respondent No.6-DISH that after detailed investigation, concerned Officer issued inspection note on 27.01.2025 to the occupier, giving therein instruction to prevent such type of accident in future, which are as follows:-

"Para- Before starting such type of activity in the tank or else, entire hazardous material should 'be emptied out and level of toxic and flammable gases should be checked. (Copy of the said inspection note is annexed herewith and marked as Annexure-
1.)"

6. It is further mentioned in this affidavit by Respondent No.6-DISH that after the investigation of the said incident, a criminal case was lodged against Respondent No.5- Detox India Pvt. Ltd./Project Proponent before the court of Judicial Magistrate (First Class), Bharuch being Criminal Case No.124/2025 for the breach of Sub-Clause (a) of Sub-Section 2 of Section 7(A) of the Factories Act, 1948.

7. Respondent No.4- District Magistrate (DM), Bharuch has filed report dated 05.04.2025, in which the cause of accident is recorded to be the same, which we have already taken into consideration while dealing with the reply affidavit of Respondent No.6- Directorate of Industrial safety and Health (DISH), saying that at the time of incident, four workers were ORIGINAL APPLICATION NO.04 OF 2025 (WZ) Page 2 of 6 engaged in welding work on the top of Spray Dryer Feed Effluent Storage Tank No.1 (capacity: 75 KL; Material of Construction: Mild Steel; above ground). The tank was found to be corroded, and due to safety negligence, a blast occurred during the welding operation, as a result of which top structure of the tank ruptured and collapsed to the ground, leading to the tragic death " of all four workers present on the tank at that time. Names of those workers are as follows:-

1. Mr. Harinath Bodha Yadav (State: Uttar Pradesh)
2. Mr. Mukeshbhai Singh (State: Bihar)
3. Mr. Ashokbhai Ramviks(State: Uttar Pradesh)
4. Mr. Polesh Ram (Village: Saragpur, Tal. Ankleshwar State:
Gujarat)"

8. It is further mentioned in this report by Respondent No.4 that as per the report submitted by the Gujarat Pollution Control Board (GPCB) to the District Collector, Bharuch, the unit was found to have stored approximately 26 KL of effluent in this tank. Additionally, the unit had not installed breather valves and condensers on the storage tank, which is a non-compliance with the guidelines issued by the Gujarat Pollution Control Board (GPCB). However, no abnormal odor was detected in the vicinity, and the ambient air quality was found to be within normal limit during the inspection. Thereafter, based on the findings of the inspection, the Gujarat Pollution Control Board (GPCB) issued a Closure Direction to the unit under Section 31(A) of the Air (Prevention and Control of Pollution) Act, 1981. Additionally, the unit was also directed to pay an interim Environmental Damage Compensation (EDC) to the tune of ₹1 Crore (Rupees One Crore only) and issued following directions:-

"

1. Immediate closure of the effluent treatment facility. ORIGINAL APPLICATION NO.04 OF 2025 (WZ) Page 3 of 6

2. Safe collection and disposal of all chemical residues and waste material generated because of the accident.

3. Strict compliance with safety audits, HAZOP (Hazard and Operability) studies, and a comprehensive root cause analysis of the incident.

4. No resumption of plant operations without obtaining prior written approval from the Gujarat Pollution Control Board."

9. It is further mentioned in this report by Respondent No.4 that Dy. Director, Industrial Safety and Health, Bharuch submitted its report vide letter dated 17.03.2025, detailing therein the details of occurrence, which we have already taken into consideration above. It is also reported that a prohibitory order was issued to the Project Proponent under the provisions of Factories Act, 1948, directing therein the immediate suspension of all production processes at the unit. Apart from it, a criminal case has also been filed against it under Section 7(A)(2)(A) of the Factories Act, 1948, pertaining to the failure to ensure the safety of workers during hazardous operations. Further, with respect to compensation to the legal heirs of the deceased workers, following details are given:-

"

1. Ashok Ramvriks -- Rs. 30,00,000 (Ex-gratia) & ESIC compensation

2. Harinath Bodha Yadav -- Rs. 30,00,000 (Ex-gratia) & ESIC compensation

3. Paulesh Ram -- Rs. 30,00,000 (Ex-gratia) & Workmen's compensation of Rs. 15,12,450

4. Mukesh Singh -- Rs. 30,00,000 (Ex-gratia) & ESIC compensation"

10. Respondent No.1-GPCB has filed reply affidavit dated 05.02.2025, in which we find the same facts have been mentioned, which we have already taken into consideration above, hence they need not be reproduced here. ORIGINAL APPLICATION NO.04 OF 2025 (WZ) Page 4 of 6
11. Respondent No.5- Detox India Pvt. Ltd./Project Proponent has filed reply affidavit dated 29.01.2025, wherein it is submitted that the Answering Respondent is involved in sewage and refuse disposal, sanitation and similar activities and is operating a hazardous waste treatment facility at Ankleshwar, situated at Plot No.7921-22-23, GIDC Estate, Anldeshwar, Bharuch District, Gujarat amongst the other facilities for waste management and treatment.
12. It is further submitted in this affidavit by Respondent No.5 that immediately upon happening the said accident, the Answering Respondent paid an ex-gratia compensation to the tune of Rs.30,00,000/- (Rupees Thirty Lacs) each to the family members of the deceased workers, proof of which is annexed as Annexure- A to this affidavit.
13. Respondent No.5- Detox India Pvt. Ltd./Project Proponent has also filed additional affidavit dated 02.04.2025, saying therein following details of the deceased persons:-
"
"

14. We have also perused the additional reply affidavit dated 03.04.2025 filed by Respondent No.1- GPCB.

ORIGINAL APPLICATION NO.04 OF 2025 (WZ) Page 5 of 6

15. After having considered the entire reply affidavits/documents on record, we have come to the conclusion that Respondent No.5- Detox India Pvt. Ltd. has failed to provide us the calculation of the amount of personal compensation to be paid to the legal heirs of the deceased workers as per the principle laid down by the Hon'ble Supreme Court in Sarla Verma vs. Delhi Transport Corporation & Anr. [(2009) 6 SCC 121], although Respondent No.5 has provided us details of the compensation made to the legal heirs of the deceased workers under the Employees' Compensation Act etc. But that is not enough. Therefore, we direct learned counsel for Respondent No.5 to provide us, in tabular form, the details of the payment of compensation already paid to the legal heirs of the deceased workers and the amount, which is to be paid by them as per the Sarla Verma's Case, so that we may pass appropriate orders in this regard.

16. List this matter for next consideration on 02.02.2026.

17. Let the parties be informed by the Registry accordingly.

Dinesh Kumar Singh, JM Dr. Sujit Kumar Bajpayee, EM January 30, 2026 ORIGINAL APPLICATION NO.04 OF 2025 (WZ) [EARLIER ORIGINAL APPLICATION NO.1384 OF 2024 (WZ)] P.Kr.

ORIGINAL APPLICATION NO.04 OF 2025 (WZ) Page 6 of 6