National Green Tribunal
News Item Titled " Fish Meal Factory ... vs . Ankita Sinha & Ors." Reported In 2021 on 29 April, 2024
Item No. 01 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 474/2024
News Item titled "Fish meal factory gutted in Mangaluru" appearing in
News18 dated 28.03.2024
Date of hearing: 29.04.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Respondent: Mr. Devraj Ashok, Adv. for R - 1 (Through VC)
Mr. Darpan K.M & Mr. Rajat Jonathan Shaw, Advs. for R - 2 (Through
VC)
ORDER
1. This Original Application is registered suo-motu on the basis of the news item titled "Fish meal factory gutted in Mangaluru" published in News18 dated 28.03.2024. The news item discloses a fire incident at a fish meal factory in Baikampady Industrial area in Bengaluru (Karnataka). As per the article, the factory is owned by one 'Shihar Enterprises'. The article discloses that the fire engines were rushed to douse the fire which had by the time spread to the other parts of the factory. The cause of the incident is yet to be ascertained. It is required to be seen by the Karnataka State Pollution Control Board (KSPCB), if the unit was operating with requisite consent and approval especially when the unit was located in CRZ area.
2. The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
3. Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon'ble Supreme Court in the matter of "Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors." reported in 2021 SCC Online SC 897.
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4. Hence, we implead following as respondents in this matter:
(i) Karnataka State Pollution Control Board, through its Member Secretary
(ii) Deputy Commissioner & District Magistrate, Mangaluru
(iii) Shihar Enterprises, through the administrative head, Plot No. 450 & 451, Industrial Area, Baikampady, Mangalore, Dakshina Kannada - 575 011
5. Respondent No. 1 and 2 is represented through the counsel and they seek time to file the report. Let notice be issued to Respondent No. 3 for filing the response atleast one week before the next date of hearing before the appropriate bench of the Tribunal.
6. Since the matter relates to the Southern Zonal Bench, Chennai, therefore, OA is transferred to the Southern Zonal Bench for appropriate further action. Office is directed to transfer the original record of the OA to Southern Zonal Bench, Chennai.
7. List before Southern Zonal Bench at Chennai on 02.07.2024.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM April 29, 2024 Original Application No. 474/2024 AS.
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