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National Green Tribunal

News Item Titled Five Workers Die Due To ... vs Gujarat Pollution Control Board Gpcb ... on 3 April, 2025

Item No.46                                                       (Pune Bench)

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


               ORIGINAL APPLICATION NO.219 OF 2024 (WZ)
              [EARLIER ORIGINAL APPLICATION NO.1244 OF 2024(PB)]


 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:   03.04.2025

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

Respondents        :      Ms. Manvi Damle, Advocate h/f
                          Mr. Maulik Nanavati, Advocate for R-1/GPCB
                          Mr. Aniruddha Kulkarni, Advocate for R-2/CPCB
                          Mr. Suresh Chaudhary, Sub-Divisional Magistrate, for R-4
                          Mr. Amit Agashe, Advocate for R-5


                                    ORDER

1. From the side of Respondent No.4- District Collector/Magistrate, Kutch, Mr. Suresh Chaudhary, Sub-Divisional Magistrate (SDM) has appeared in-person before us through Video Conferencing, who submits that reply affidavit is ready but the same could not be uploaded due to technical glitch in the website of NGT. We direct him to upload the same forthwith after taking assistance with the Registry of this Tribunal and ensure that a copy of the same be placed on record before us. He is also directed to serve a copy of the same upon all other parties.

2. None has appeared from the side of Respondent No.1- MoEF&CC.

3. From the side of Respondent No.2- CPCB, learned counsel Mr. Aniruddha Kulkarni has appeared, who submits that he has already filed reply affidavit in this matter before this Tribunal. Page 1 of 2

4. In compliance with our previous order dated 29.01.2025, the Registry has impleaded M/s. Emami Agrotech Ltd. as Respondent No.5 in the present Original Application and issued notice to it.

5. After receipt of the notice, Respondent No.5 has filed its reply affidavit dated 31.03.2025 before this Tribunal, wherein details of the deceased persons, such as their monthly wages paid by the Contractors, their dependents' name and compensation paid to them are recorded in para no.5. The said affidavit is taken on record.

6. In compliance with our previous order dated 29.01.2025, Respondent No.1- GPCB has also filed reply affidavit dated 01.04.2025 through e-mail on 02.04.2025, providing therein the information as was directed earlier. The same is taken on record.

7. From the side of Respondent No.5- M/s. Emami Agrotech Ltd., learned counsel Mr. Amit Agashe has appeared, who submits that the reply affidavit, which was filed from their side, was in response to the earlier order passed by this Tribunal, but he should be granted liberty to file additional reply affidavit, if so required. We direct him to file the same within two weeks and no more.

8. Put up this matter for final hearing on 14.08.2025.

Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM April 03, 2025 ORIGINAL APPLICATION NO.219 OF 2024 (WZ) [EARLIER ORIGINAL APPLICATION NO.1244 OF 2024(PB)] P.Kr Page 2 of 2