Saraswathi Excel Matriculation School ... vs The Member Secretary Tamil Nadu ... on 4 November, 2022

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National Green Tribunal

Saraswathi Excel Matriculation School ... vs The Member Secretary Tamil Nadu ... on 4 November, 2022

Bench: K. Satyagopal

Item No.2:-

              BEFORE THE NATIONAL GREEN TRIBUNAL
                   SOUTHERN ZONE, CHENNAI

                            (Through Video Conference)

                    Original Application No.112 of 2022 (SZ) &
                             I.A. No.173 of 2022 (SZ)

IN THE MATTER OF:


Saraswathi Excel Matriculation School
Represented by its Correspondent,
Villupuram District.
                                                                  ...Applicant(s)

                                      With

The Member Secretary,
TNPCB, Chennai and Ors.
                                                                 ... Respondent(s)

Date of hearing: 04.11.2022.


CORAM:

HON'BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER

HON'BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER


For Applicant(s):                Mr. B. Sundarapandiyan
                                 Mr. B. Gopalakrishnan and
                                 Mr. A. Velmurugan.

For Respondent(s):               Mr. S. Sai Sathya Jith for R1 & R4.
                                 Dr. D. Shanmuganathan for R2, R3, R5 to R7.




                                    Page 1 of 4
                                         ORDER

1. The school which is the applicant had come up with this application alleging that the 8th respondent is using Phorate which is banned as per Notification S.O. No.3951 (E) dated 08.08.2018 of the Gazette of India, Ministry of Agriculture and Farmers Welfare, New Delhi. The said notification has enlisted Phorate in Sl. No.15 which is as follows:-

"(i) No new certificate of registration to manufacture shall be issued after publication of this order.

(ii) No person shall import, manufacture or formulate Phorate with effect from the 1st January, 2019.

(iii) The use of Phorate shall be completely banned with effect from the 31 December, 2020.

(iv) It is very toxic to aquatic organism, hence a cautionary statement should be incorporated on label and leaflets that it is toxic to aquatic organism, hence should not be used near water bodies, aquaculture or pisciculture area.

(v) A warning may be incorporated in the label and leaflet stating that this product is toxic to honey bees so do not spray during active honey bees foraging period of the day.

(vi) A cautionary statement should incorporate in label and leaflet that this product is toxic to birds."

2. Even, Clause (iii) specifically bans the usage of Phorate completely with effect from 31.12.2020. The allegation of the applicant is that the pesticide that has been produced by the 8th respondent contains 10% of Phorate which is evident from the photographs of the product packaging cover and the manufacturing date is given as October 2021. So, when the ban is with effect from 31.12.2020, it is not known how the 8th respondent is allowed to use Phorate in his pesticides.

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3. The learned counsel appearing for the State Pollution Control Board orally submitted that the consent has been issued on 05.09.2022 for four years till 2026. The consent is given for Acephate 75% SP. The product of the 8th respondent is also called as "Lion Krithi Acephate 75" which contains 10% of Phorate.

4. Though notice was issued and served on the 8th respondent through the Tribunal as well as privately, there is no representation for the 8th respondent either in person or through counsel till today. However, considering the fact that the notice was served only in the last week of October, we grant one more weeks time to the 8th respondent to appear before the Tribunal.

5. In the meanwhile, the State Pollution Control Board as well as the State Government are directed to file their report after enquiry.

6. Today, Mr. G.S. Giri, Plant Protection Officer from the Regional Office, Plant Quarantine Station, Chennai is present and he is also made note of what transpired. He was impleaded as 9th respondent in the last occasion Suo Motu in this proceeding. He is also directed to enquire into the matter and file a detailed report in this regard, as to whether prohibited or banned chemical can be allowed to be used as a component by any of the industries which would be hazardous to the health of human beings and specifically whether Phorate, even though banned as a pesticide, can be used as a component in another pesticide.

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7. Considering the urgency in this matter, we are listing the same again on 11.11.2022, just to enable the 8th respondent to make its appearance. If the 8th respondent is not appearing on the next hearing date, we will be constrained to pass an interim order.

8. Post the matter on 11.11.2022.

Sd/-

Smt. Justice Pushpa Sathyanarayana, JM Sd/-

Dr. Satyagopal Korlapati, EM O.A. No.112/2022 (SZ) I.A. No.173/2022 (SZ) 04th November, 2022. Mn.

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