National Green Tribunal
Kushabapu Rangnath Pawar vs Padmashree Dr. Viththalarao Vikhe on 6 April, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Application No. 143/2017(WZ)
Kushabapu Pawar & Anr. Applicant(s)
Versus
Padmashree Dr. Viththalrao Vikhe Patil
Sahakari Sakhar Karkhana & Ors. Respondent(s)
Date of hearing: 06.04.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. VIJAY KULKARNI, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
Applicant: Kaushik Kulkarni, Advocate
Respondent(s): Asim Sarode, Advocate for R-1
Vilas Jadhav, Advocate for MPCB
Aniruddha S. Kulkarni, Advocate for CPCB
ORDER
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1. Grievance in this application is against violation of environmental norms in the operation of sugar industry by Respondent No.1 - Padmashree Dr. Vithalarao Vikhe Patil Sahakari Sakhar Karkhana, Prayaranagar, Tal. Rahata, Distt. Ahmednagar, Maharashtra. According to the applicants, the unit is discharging spent wash on land resulting in damage to the agriculture. It is operating without valid consent and also violating norm of zero spent wash discharge. The applicant has relied upon photographs and letter of the State PCB to the unit observing disposal of oil and spent wash against the norms. It has been brought 1 out later by the applicant by way of rejoinder that on 6.4.2016 some people died and others were injured due to violation of safety norms.
2. The application was first considered on 18.08.2017. The Tribunal admitted the application and issued notice to the Project Proponent (PP) as well as the State PCB. The PP filed its reply disputing the violations. The State PCB stated that there is need to take proper measures for spent wash collection treatment, storage and disposal such as construction of pucca lagoons in place of earthen lagoons, to avoid any ground water contamination.
3. Vide order dated 08.11.2017, the Tribunal directed a joint Committee of the CPCB and State PCB to make assessment of the damage. The Committee, however, did not find any damage. In its additional affidavit filed on 28.07.2021, the State PCB mentioned that discharge of coloured effluent from the unit was seen at the time of visit by the official of the State PCB on 06.02.2020 and on that basis, compensation of Rs. 1.5 lakh was assessed vide order dated 20.02.2020 which was duly paid by the PP.
4. The applicant has filed a rejoinder affidavit dated 30.01.2019 to reiterate the allegation of violations by the unit resulting in damage to the agricultural land. It is also mentioned that three persons have died and several persons got injured on account of bursting of the tank of the unit resulting in heavy flow of molasses.
5. We have heard learned counsel for the parties.
6. Learned counsel for the applicant has drawn our attention to report dated 01.06.2016 of the Director, Industrial Safety (Annexure-N to the rejoinder affidavit) about the accident dated 06.04.2016 by bursting 2 of tank resulting in heavy flow of molasses. Three persons - Vinod Jondhle, Shashikant Bhikaji Pagare and Balu Sampat Devare were declared dead while others were injured. Details of affected person are as follows:-
" Sr. Name Post Dept. Shift Age Residence Nature of No. (Yrs.) injury 1 Shri. Vinod Dy. Chief Factory General 61 Nimgaon Jali Fatal Dada Jondhle Chemist.
(Death).
2 Shri, Damodhar Production Factory General 63 Rahuri Rib
Madhav Manager fracture.
Ghadage and head
injury
3 Shri. Ramdas. Labour Distillery 4-12 56 Nimgaon Jali Left leg &
chima Pawar right hand
fracture
4 Shri. Shashikant Pumpman Factory General 56 Loni Fatal
Bhikaji budruk
Pagare,(Death)
5 Shri. Balu Welder Distillery General 58 Pravaranagar Fatal
Sampat
Devare,(Death)
6 SM. Vijay Fitter Factory 4-12 Both hand
Haribhau 45 Lohagaon Fracture
Chechare and injury
7 Shri. Shakil Ajij Welder Factory General 30 Pravaranagar Collar bone
Shaikh Fracture
and both
leg injury
8 Shri. Sandip Labour Factory General 32 Kolhar Rib
Annasaheb Fracture,
Devkar head injury
& leg burn
9 Shri. Mohan Chemist Distillery General 49 Nimgaon Jali Left leg
Jijaba Vadak & finger
fracture
10 Shri. Nilesh Apprentice Factory General 30 Loni Coller bone,
Changdeo left hand -
Dhavane and vest
bone
fracture
11 Shri. Navnath Asstt. Factory 4-12 32 Loni Left leg
Annasaheb Vikhe engineer injured
12 Shri.Rajesh Labour Distillery General 37 Babhaleshwar Minor injury
Jagannath to both lees.
Makasare "
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7. Cause of accident is mentioned as follows:-
"1.3) Cause of accident- From the accident spot, statement of workers &. verification of records it reveals that, the tank was installed in the year 1989 having capacity of 4000MT & at the time of accident, it was almost completely filled with molasses i.e.. 3928MT. Due to summer season, the ambient temperature was also high & touched to 40-42 deg.cent. Also, molasses has inherent property to ferment due to microorganisms present in it, resulting in heat generation due to exothermic 'reaction & liberation of carbon di oxide gas. It again gives use temperature of the tank & pressurized it due to trapped evolved gases. Also, the common cooling arrangement provided to the tank was not sufficient to cool the tank since it was required almost 66hrs. (2.7 days) to cool the single tank & no records were maintained in the factory for period of cooling given to particular tank. Hence, the temperature of the tank increased drastically resulting in cyclic exothermic Millard reaction with evolution of huge gases & trapping of-it in the tank causing- foaming of molasses. Due to aging, of the tank, MS sides of tank could not withstand this pressure resulting in separation of welding joints of the plates & bursted the tank releasing heavy flow the molasses in surrounding area with catastrophic collapse of the tank & its dome."
8. Further report is also quoted below:-
"14) Contravention: The normal temperature of molasses is. 3.8-
40deg.cent. - & in summer season it may raise up to 45deg. Cent. Also, due to internal exothermic reaction its temperature gets increased. Hence, a cooling arrangement is provided to the storage tanks for making molasses temperature low: In this factory, a condensation coil formed by concentric pipe in pipe structure is provided for cooling of molasses. Inner pipe of 4" dia. carries molasses & outer pipe of 6" dia. Carries water. Molasses is romped out from bottom of the tank circulated through the cooling coils & again it is pumped in the tank at top side. The flow of molasses & water is opposite to each other for effective cooling. The capacity of molasses pump is 60MT/hr. This cooling system was common for bursted & its adjacent tank. That merely at a time only one tank can be cooled. Also, from the capacity of pump it reflects that, if cooling system 'is continuously started_ for a particular tank it would require 66hrs. (approx. 2.7days) to 'circulate whole quantity of molasses resulting in cooling of the tank. Thus by not providing the adequate cooling system to molasses storage tank causing increase in inside pressure resulted in collapse of tank causing this fatal accident, the provisions of 'Sec. 7-A (2) (a) of Factories Act 1948 are contravened by the Occupier.
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15) The occupier may explain the reasons, if any, for the above irregularities within 7- days, so as to why a legal action shall not be taken against them.
16) Occupier shall deposit the amount of compensation, in the Court of "Commissioner Under Employees Compensation Act & Labour Court, Ahmednagar" and details shall be submitted to my office within 7 days.
17) Remedial measures--To avoid such accidents following precautions shall be taken.
(a) Adequate & effective cooling arrangement shall be provided to the molasses tanks.
(b) Periodical maintenance of the storage tanks shall be carried out.
(c) Periodical testing & examination of tanks shall be carried out.
(d) Tanks should not be filled to the full capacity.
(e) Hourly temperature monitoring shall be carried out & foaming if any shall be observed.
18) Health and Safety policy of management towards the workers shall be displayed at factory." Safety Audit" & Hazard identification and risk assessment, report for entire, plant / process shall be carried out as per rules, and report shall be submitted along with the compliance report of recommendations if any."
9. It is not clear whether the heirs of the deceased and the injured have been given any compensation which has to be paid on principle of absolute liability laid down inter alia in MC Mehta (1987) 1 SCC 395. The unit has also to ensure that such failures do not recur and safety measures are duly adopted.
10. Accordingly, we constitute a joint Committee of the CPCB, State PCB and the District Magistrate Ahmednagar to undertake visit to the site, interact with the stakeholders including the PP and ascertain status of compliance of environmental and safety norms and also status of payment of compensation to the heirs of the deceased and to the injured and to furnish a report to this Tribunal. In particular, it may be ascertained whether the unit is required to and following Zero Liquid Discharge (ZLD) norms for the spent wash. The joint Committee may 5 consider reports in respect of similar incidents and orders of this Tribunal while giving its report. The report may be filed within two months by email at [email protected] for further consideration. The unit may also ensure that there is no discharge of spent wash in future on the agricultural land in violation of consent conditions which may be overseen by the State PCB.
List for further consideration on 15.07.2022. A copy of this order be forwarded to the CPCB, State PCB and the District Magistrate Ahmednagar by email for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Arun Kumar Tyagi, JM Prof. A. Senthil Vel, EM Dr. Vijay Kulkarni, EM Dr. Afroz Ahmad, EM April 06, 2022 Application No. 143/2017(WZ) AB 6