National Green Tribunal
News Item Titled "People Are Breathing ... vs Coram: Hon'Ble Mr. Justice Prakash ... on 24 April, 2025
Item No. 09 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 717/2024
(IA No 120/2025, IA No 119/2025)
News Item titled "People Are Breathing In Cancer-Causing Chemicals in
their cars study find" appearing in NDTV.com dated 08.05.2024
Date of hearing: 24.04.2025
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICAL MEMBER
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Respondent: Mr. Gigi. C. George, Adv. for M/o Road & Transport
Mr. Amit Singh Chauhan, Ms. Shikha Chauhan & Ms. Shaima Masood,
Advs. for CPCB
Mr. Shashwat Sharma & Mr. Akshit Gupta, Advs. for R - 3 (ICMR)
Mr. Sanjay Sarin & Mr. Preshit Bagul, Advs. for R - 8 (Through VC)
ORDER
1. In this original application, registered suo motu, the Tribunal is considering the issue of cancer-causing chemicals in the cars. The news item based on which the matter was taken up suo motu contains the researcher's analysis that the cabin air of 101 electric, gas and hybrid cars with a model year between 2015 to 2022 were found to have flame retardant called TCIPP, which is under investigation by US National Toxicology Program as a potential carcinogen. It also discloses that most cars also have two more flame retardants, TDCIPP and TCEP, which are considered carcinogenic.
2. The Tribunal by order dated 02.07.2024 had impleaded the Indian Council of Medical Research (ICMR) as Respondent No. 3. The reply of the ICMR dated 01.09.2024 was considered on 12.09.2024 and the Counsel for the Respondent No. 3 was directed to obtain instructions in respect of the testing facilities available for compounds/elements involved in the matter and was directed to file the report within 8 weeks. 1
3. On 03.01.2025, when the matter was taken up, no such additional reply was received. Therefore, a further four week was granted to Respondent No. 3 to do the needful in terms of the order dated 12.09.2024, failing which the D.G. of Respondent No. 3 was directed to remain virtually present today.
4. The additional affidavit dated 18.02.2025 has been filed by Respondent No. 3. In that reply, it is stated that:
"xxx ..................................xxx..............................................xxx
10. That however, it is humbly submitted that two Institutes namely, ICMR-National Institute of Occupational Health (hereinafter referred to as 'ICMR-NIOH') situated at Ahmadabad and ICMR- National Institute for Research in Environmental Health (hereinafter referred to as 'ICMR-NIREH') located at Bhopal, both under the umbrella of answering Respondent, are in the process of procuring the requisite testing facility/equipment's which would enable the answering Respondent to effectively test/analyze such chemicals for carcinogenicity.
A copy of the tender document for procuring the High Resolution Orbitrap Mass Spectrometer by the ICMR-NIOH is annexed herewith and marked as ANNEXURE R-1.
A copy of the tender document for procurement of Liquid Chromatography with tandem mass spectrometry (LC-MS/MS) by ICMR NIOH is annexed herewith and marked as ANNEXURE R-2.
A copy of the tender document for Automated HPCL System for Separation of complex mixtures (Q3) by ICMR-NIREH is annexed herewith and marked as ANNEXURE R-3.
12. That in light of the above submissions, though there are equipment's available with two Institutes however due to sampling constraints and for reasons highlighted hereinabove, testing the three chemical compounds is unworkable. However, the answering Respondent has already undertaken positive steps in procuring the needful equipment's."
5. We find that though in the reply a stand has been taken that the tender has been issued for procuring the High Resolution Orbitrap Mass Spectrometer by the ICMR and it is in the process of procuring it, but on the perusal of Annexure R-1 we find that the bid document is of 07.12.2022 and the bid opening date was 19.12.2022. Thereafter, more 2 than two years have passed. Based on such a document, a stand could not have been taken that the Respondent No. 3 is in the process of procuring the instrument without disclosing the outcome of the bid process. Annexure R-2 is another tender document which is dated 13.11.2024, and the bid offer validity period mentioned in that document has also expired, but the Counsel for Respondent No. 3 has no instructions about the outcome of the said bid.
6. In terms of the previous order, the D.G. of Respondent No. 3 is also not present today, instead an application being IA No. 119/2025 has been filed seeking exemption from virtual appearance.
7. When Counsel for Respondent No. 3 was unable to answer the queries, the matter was passed over so that Respondent No. 3, D.G., ICMR could appear virtually and assist the Tribunal. But in the pass-over round also, the D.G., has not appeared. Counsel for Respondent No. 3 has assured that the proper reply will be filed within three weeks and the D.G., ICMR will also appear virtually on the next date.
8. On the basis of the above statement, IA No. 119/2025 and IA No. 120/2025 are disposed of.
9. List on 23.05.2025.
Prakash Shrivastava, CP Sudhir Agarwal, JM Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM April 24, 2025 Original Application No. 717/2024 dv..
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