National Green Tribunal
News Item Titled Five Workers Die Due To ... vs Gujarat Pollution Control Board Gpcb ... on 29 January, 2025
Item No.9 (Pune Bench)
BEFORE THE NATIONAL GREEN TRIBUNAL
WESTERN ZONE BENCH, PUNE
[THROUGH PHYSICAL HEARING (WITH HYBRID OPTION)]
Original Application No.219/2024 (WZ)
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: 29.01.2025
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. Sunil, Assistant Collector/SDM, Anjar for R-4
ORDER
1. From the side of respondent No.4- District Collector/Magistrate, Kutch, Sub-Divisional Magistrate (SDM) has appeared in-person before us through Video Conferencing, who prays for two weeks' time to be allowed to file reply affidavit in this matter. We allow him the said time.
2. 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.
3. None has appeared from the side of respondent No.1- MoEF&CC.
4. We find that the same facts are stated in the reply affidavit of respondent No.2- CPCB and the Action Taken Report of respondent No.1- GPCB pertaining to the occurrence.
5. In the Action Taken report filed by respondent No.1- GPCB, it is mentioned that occurrence took place on 16.10.2024 at 00:30 Hrs. in Page 1 of 3 HRSCC feed tank of ETP of M/s. Emami Agrotech Ltd., which is a Red category unit, which had obtained Consolidated Consent & Authorization (CC&A) order dated 20.11.2021 from the GPCB, which is valid up to 09.08.2026, for the manufacturing of following products:-
(i) Refined Palm Oil - 66,500 MT/Month
(ii) Refined Soya Oil - 35,000 MT/Month
(iii) Vanaspati - 5800 MT/Month Soya
(iv) Palm Fatty Acid - 3500 MT/Month
(v) Soya Fatty Acid - 100 MT/Month
(vi) Acid Oil - By product - 900 MT/Month
(vii) Vanaspati Fatty Acid - 200 MT/Month,
(viii) Spent Earth - 600 MT/Month
6. It is further mentioned in this report that five persons (contractual) are stated to have died in the occurrence due to inhaling of H2S gas emitting from the effluent stored in HRSCC (High Ratio Solid Content Clarifier) Feed Tank of the ETP of the said industry. It is also reported that GPCB issued Closure Directions to the said industry under Section 31(A) of the Air (Prevention and Control of Pollution) Act, 1981 on 18.10.2024 and interim Environmental Compensation was imposed on the said industry to the tune of Rs.1 Crore, which was also deposited to the GPCB on 24.10.2024. Thereafter, the said industry has also submitted post mortem reports, safety audit report, HAZOP study report, DISH report, etc. to the GPCB. Subsequently, the said industry applied for revocation application on 29.10.2024 along-with Bank Guarantee of Rs.3.75 Lakhs etc. to the GPCB.
7. It is further mentioned in this report that after submission of the above-mentioned application, GPCB visited the said industry again on 29.10.2024 to verify the compliances and it was observed that the said industry was complying with the directions issued by them. Based on Page 2 of 3 that, GPCB issued trial run revocation for three months' period to it vide order dated 07.11.2024.
8. In view of above, we find that the industry i.e. M/s. Emami Agrotech Ltd. has not been impleaded as one of the respondents in the present Original Application. Therefore, we direct the Registry of this Tribunal to implead the said industry as respondent No.5 in the present Original Application and placed on record an amended memo of parties. Thereafter, issue notice to the newly impleaded respondent to submit reply with respect to the details of the persons, who died; their salary; age; and compensation paid to the dependents of the deceased persons, if any, returnable within four weeks.
9. We direct respondent No.1- GPCB to submit before us HAZOP study report as well as post mortem reports of the deceased persons, within two weeks.
10. Put up this matter for further consideration on 03.04.2025
11. Dinesh Kumar Singh, JM Dr. Vijay Kulkarni, EM January 29, 2025 Original Application No.219/2024 (WZ) P.Kr Page 3 of 3