National Green Tribunal
Rakesh Sureshchandra Kapadiya vs Gujarat Pollution Control Board on 17 June, 2021
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 03 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 31/2021 (WZ)
Rakesh Sureshchandra Kapadiya Applicant
Versus
Gujarat Pollution Control Board & Ors. Respondent(s)
Date of hearing: 17.06.2021
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE MR. JUSTICE M. SATHYANARAYANAN, JUDICIAL MEMBER
HON'BLE MR. JUSTICE BRIJESH SETHI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
Applicant: Ms. Shilpa Chohan, Advocate
ORDER
1. Grievance in this application is against failure of the statutory authorities to take remedial action for violation of environmental norms by Ambika Industries, GIDC Sachin, Pandesara, Tal: Choraasi, District Surat-394221, Gujarat. The said industrial unit is running a chemical factory manufacturing Guar Gum and recycling/re- possessing of dissolved and recovered Solvents from Pharma Industries and storage of Toluene, Acetone, IPA (Isopropyl Alcohol), Acetic Acid, MDC (Methylene Chloride). A fire took place in the said factory on 23.05.2020 at 5:40 pm on account of failure to comply with the safety norms under the Chemical Accidents (Emergency Planning, Preparedness and Response) Rules 1996 ("the 1996 Rules), the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 1 ("the 1989 Rules"), the Hazardous and Other Wastes (Management, Handling and Transboundary Movement) Rules, 2016 (HoWM Rules, 2016), the Environment (Protection) Act, 1986 ("EP Act, 1986), the Public Liability Insurance Act, 1991 ("the PLI Act, 1991") and the Petroleum Rules, 2002 issued under Petroleum Act, 1934 ("the Act of 1934"). In the said fire, stocks were burnt requiring spraying of 3,12,000 litres of water for more than 24 hours. The fire water contained harmful chemicals which flowed in the GIDC drain and surrounding areas causing pollution by release of CO (carbon monoxide), CO2, COCl2 (Cobalt chloride), HCl, Acid smoke &fumes. Fire spread to the neighbouring Shed No. 460 of the applicant totally burning and destroying the entire shed and reactor vessel on the premises causing damages/loss of Rs 54, 76,520/-. The GPCB did not take any steps for recovery of compensation.
2. Apart from violation of statutory rules, the applicant has also alleged violation of specific and general conditions of the Consolidated Consent Authorization No. AWH88510 dated 26.09.2017. Violation is also alleged of the CPCB Circular dated 08/05/2020 regarding strict safety precautions to be taken before resuming operation of units and advisory issued on 07/05/2020 by the GPCB to (1) Regional Officers/ Unit Heads for respective Regional Offices of GPCB and (2) The Director of Industrial, Safety & Health (DISH). The applicant made a complaint on which the inspection was conducted on 04.11.2020 but no action was taken.
3. Having regard to the averments in the application, we find it necessary to ascertain the status of compliance of statutory 2 provisions under the 1989 Rules, the 1996 Rules, HoWM Rules, 2016, EP Act, 1986, the PLI Act, 1991 and the Petroleum Rules, 2002 issued under Petroleum Act, 1934 and the extent of consequential damage to the property and the environment, including damage caused by the residual effects of the pollutants discharged in the recipient environment.
4. Accordingly, we constitute a joint Committee comprising CPCB, State PCB, District Magistrate of the concerned area and DISH, Gujarat to give a report on the above aspects within three months by e-mail at [email protected] preferably in the form of searchable PDF/OCR Support PDF and not in the form of Image PDF. The State PCB will be nodal agency for coordination and compliance. The joint Committee will be at liberty to interact with the stakeholders and take assistance from any other expert/institution. A copy of the report may also be furnished to the Project Proponent for its response, if any, before the next date.
List for further consideration on 29.10.2021. A copy of this order be forwarded to CPCB, State PCB, District Magistrate of concerned area and Director Industrial Safety and Health, Gujarat by e-mail for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM M. Sathyanarayanan, JM 3 Brijesh Sethi, JM Dr. Nagin Nanda, EM June 17, 2021 Original Application No. 31/2021 (WZ) DV 4