National Green Tribunal
News Item Titled "Zinc Lead... Fish In ... vs . Ankita Sinha & Ors." Reported In 2021 on 2 July, 2024
Item No. 03 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 713/2024
News Item titled "Zinc lead... fish in Kochi estuary are heavy, daily intake
risky" appearing in The Times of India dated 06.05.2024
Date of hearing: 02.07.2024
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
ORDER
1. This original application is registered suo-motu on the basis of the news item titled " Zinc lead... fish in Kochi estuary are heavy, daily intake risky " appearing in The Times of India dated 06.05.2024.
2. The matter relates to the presence of high levels of carcinogenic heavy metals such as zinc, cadmium and chromium found in several fish and shellfish, making their daily consumption a threat to human health in Kochi's estuary. As per the article, Water, sediment and biota exhibited high concentration of heavy metals which crossed the toxicity thresholds. The article alleges that seasonally all metals showed higher concentration during pre monsoon and post monsoon periods than in monsoon, as water flow during non monsoon period decreases.
3. The article cites a study carried out by a team of researchers at the Marine Biology Department of Cochin University, National Centre for Coastal Research, and Ministry of Earth Sciences. The focus of the study was long-term consumption of food that has such heavy metals that are carcinogenic and a threat to human health. It was found that chromium 1 had the highest accumulation in herbivores, and cadmium in filter feeders like fish, clams, etc. Cadmium and lead exceeded the standards of the Food Safety and Standards Authority of India and the Food and Agriculture Organization.
4. The article states that the researchers have highlighted the urgent need for regular monitoring and risk assessment of heavy metals, especially lead, cadmium, and chromium, in seafood resources across coastal areas. It states that efforts to mitigate heavy metal contamination in coastal ecosystems must be prioritized to safeguard both ecological integrity and human health.
5. The above matter indicates violation of the provisions of Environment Protection Act, 1986.
6. The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
7. 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.
8. Hence, we implead the following as respondents:
i. National Center for Coastal Research, Through its Director NIOT Campus, Velacherry-Tambaram Main Road, Pallikaranai,Chennai - 600100, India.
ii. Marine Biology Department of Cochin University, Through its Director, 26/226, University Road, Vidya Nagar Colony, Thrikkakara, Edappally, Ernakulam, Kochi, Kerala 682022 2 iii. Kerala State Pollution Control Board, Through its Member Secretary, Head Office, Pattom PO, Thiruvananthpuram, Kerala-695004.
iv. Kerala Coastal Zone Management Authority, Through its Member Secretary, 4th Floor, KSRTC Bus Terminal, Thampanoor, Thiruvananthapuram-1 v. District Magistrate, Ernakulam Collectorate, Civil Station Kakkanad, Ernakulam - 682030 Camp.
9. Issue notice to the respondents for filing their response before the appropriate bench of the Tribunal at least one week before the next date of hearing.
10. Since the matter relates to the Southern Zonal Bench, Chennai, therefore, OA is transferred to the Southern Zonal Bench. Therefore, the original record of this OA be transferred to the Southern Zonal Bench, Chennai for further action.
11. List before Southern Zonal Bench at Chennai on 02.09.2024.
Prakash Shrivastava, CP Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM July 02, 2024 O.A No. 713/2024 HB 3