Disposed

News Item Published in the Times of India Title - Six Killed as Blast Tears through Malda Plastic Recycling Factory v. .

NGT18 Dec 2020Original Application No. 272/2020

Case brief

AI extract

What is this about?

The National Green Tribunal awarded interim compensation for deaths and injuries resulting from an explosion at an illegal plastic recycling unit in Malda. It directed the State to pay compensation from its own funds, recover amounts from violators, and conduct safety audits on similar units.

What did the court decide?

Compensation of Rs. 15 lakhs per deceased, Rs. 5 lakhs per grievously injured, and Rs. 2.5 lakhs per other injured victim to be paid by the State within three months.

News Item Published in the Times of India Title - Six… — Environment and Pollution | NGT (2020)

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Item No.02

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Court No. 1

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BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPAL BENCH, NEW DELHI

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Original Application No. 272/2020

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(With affidavit dated 17.12.2020)

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News item published in the “Times of India” dated 20.11.2020 entitled “Six killed as blast tears through Malda Plastic recycling factory”

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Date of hearing: 18.12.2020

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CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER HON’BLE DR. SATYAWAN SINGH GARBYAL, EXPERT MEMBER HON’BLE DR. NAGIN NANDA, EXPERT MEMBER

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Respondent(s):

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Mr. Raj Kumar, Advocate for CPCB Mr. Prithwish Kumar Basu, Advocate for WB PCB

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ORDER

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Proceedings have been initiated in this matter on the basis of the media reports of death of six persons, including two minors and serious injuries to four persons due to explosion in a plastic recycling factory at Sujapur in Malda on 1.12.2020. It is reported that a 45HP plastic processing machine, run on electricity to compress and cut plastics, overheated and exploded. The West Bengal Government announced compensation of Rs. 2 Lakhs to the kin of the deceased and Rs. 50,000/to the injured.

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On notice being issued to the Central Pollution Control Board, the West Bengal State Pollution Control Board, the District Magistrate, Malda, the Director of Factories, Government of West Bengal and the concerned industrial unit, M/s Sifet Paper & Plastic Enterprise, Village Sujarpur Main Road, Malda, West Bengal, only the CPCB and the State PCB have entered appearance.

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An affidavit has been filed by the State PCB on 17.12.2020 as

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follows:-

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“3. That, State Board caused an inspection of the concerned unit on 01.12.2020. From the inspection report it was found that the name of the unit is M/s. Farida Enterprise. The said unit is engaged in reprocessing of waste plastics. However, the unit was found in demolished condition.

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Copy of the said inspection of the State Board is enclosed herewith and marked as Annexure – “R/1”.

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4. That, the General Manager, District Industries Centre, vide letter dated 01.12.2020, informed the State Board that no such consent to operate was issued to the unit.

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Copy of the said letter of the District Industries Centre is enclosed herewith and marked as Annexure – “R/2”.

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5. That, considering the inspection report, the State Board vide order dated 04.12.2020 issued an order of closure with disconnection of electricity against the said unit.

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Copy of the said closure order with disconnection of electricity is enclosed herewith and marked as Annexure – “R/3”.

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Prima facie, violation of the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 [MSIHC Rules, 1989] and Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996 [CAEPPR Rules, 1996] is not ruled out. No adequate action has been taken in the matter of grant of compensation and against the management of the unit. There is certainly violation of Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 and also the provisions of the Environment (Protection) Act, 1986 and Rules framed thereunder, including Plastic Waste Management Rules, 2016, as no requisite consent to operate was issued.

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We have come across several cases of deaths and injuries taking place, in absence of adequate safety measures in the course of hazardous activities, in violation of law. Reference may be made to the following:

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i. Order dated 01.06.2020, relating to incident of gas leak dated 07.05.2020 in LG Polymers India Pvt. Limited at Vishakhapatnam, resulting in death of 11 persons and injuries to more than 100, apart from other damage¹ ;

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ii. Order dated 08.06.2020, relating to incident dated 03.06.2020 in a chemical factory, Yashyashvi Rasayan Pvt. Ltd . at Dahej, District Bharuch, Gujarat resulting in deaths and injuries and other damage² ;

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iii. Order dated 02.07.2020, in relation to incident of oil well blow out on 27.05.2020 at Baghjan in the Tinsukia District of Assam resulting in deaths, injuries and damage to the environment³ .

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iv. Order dated 06.07.2020, relating to incident dated 30.06.2020 on account of gas leakage at Sainor Life Sciences factory at Parawada in industrial area on the outskirts of Vishakhapatnam⁴ ;

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v. Order dated 06.07.2020, relating to accident of Ammonia gas leakage at Nandyal in Kurnool District, Andhra Pradesh in Spy Agro Industry on 26.06.2020 resulting in death of one person and injury to three workers.⁵

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vi. Order dated 08.07.2020, dealing with the incident dated 01.07.2020 resulting in death of 6 person and injury to 17 due to blast of boiler in M/s Neyveli Thermal Power Station (NLCIL), Cuddalore⁶ and;

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1 OA No. 73/2020, In re: Gas Leak at LG Polymers Chemical Plant in RR Venkatapuram Village Visakhapatnam in Andhra Pradesh

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2

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2 OA No. 22/2020(WZ) (Earlier OA 22/2020)(wz), Aryavart Foundation through its President vs. Yashyashvi Rasayan Pvt. Ltd. & Anr. 3

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OA No. 43/2020(EZ), Bonani Kakkar vs. Oil India Limited & Ors.

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4 OA No. 106/2020, News item published in the local daily “Economic Times” dated

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30.06.2020 titled “Another Gas Leakage at Vizag Factory kills two, critically injures four…”

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5 OA No. 107/2020, In Re: News item published in the local daily “Indian Express Sunday Express” dated 28.06.2020 titled “Gas Leak in Agro Company Claims life of one”

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6 OA No. 108/2020, News item published in the “Indian Express” dated 01.07.2020 titled “Tamil Nadu Neyveli boiler blast: 6 dead, 17 injured”

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vii. Order dated 23.07.2020, in relation to incident of fire engulfed the chemical plant of Visakha Solvents Ltd , Vizag on 13.07.2020 at Ramky CETP Solvents building in Pharma City resulting in injuries⁷ .

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viii. Order dated 18.12.2020, in relation to incident of methane gas leak

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in a sugar factory called Lokenete Bapurao Patil Agro Industries Ltd. in Mohol Taluka of Solapur District, Maharashtra on 21.11.2020 resulting in deaths and injuries and other damage⁸ .

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The Tribunal dealt with the issue by requiring payment of compensation to the victims, restoration of environment and adopting suitable safety measures to avoid such recurrence in the light of Expert Committee reports. In the present case, the State PCB has acknowledged that the activity was illegal and the unit has now been found to be demolished. This cannot be sufficient step for enforcement of law and for remedy to the victims. The Tribunal fixed minimum interim compensation in such cases at Rs. 15 Lakhs in case of death, Rs. 5 Lakhs in case of serious injury and Rs. 2.5 Lakhs for simple injuries as follows⁹ :

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“6. … we assess interim compensation for death to be 15 lacs each (taking into account multiplier of around 16 and loss of earning of about one lac a year, taking the minimum wage, apart from conventional sums), for grievous injury Rs. 5 lac per person, for other injuries of persons hospitalized Rs. 2.5 lac per person and for displacement at Rs. 25000/- per person.”

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The State is under obligation to secure atleast this amount of compensation to the victims and if it is not able to do so, the State must pay this much amount of compensation out of its own funds, with liberty to recover the same from the persons responsible for the situation.

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7 OA No. 134/2020, News item published on 13.07.2020 in the local daily named “India Today” titled “Massive fire engulf Vizag chemical plant, explosions heard, injuries reported”

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8 OA No. 274/2020, News item published in the “Indian Express” dated 23.11.2020 entitled “Maharashtra: Two Killed, eight injured in methane gas leak in sugar factory”

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9 Order dated 08.06.2020 in O.A. No. 22/2020 (WZ), Aryavart Foundation through its President v. Yashyashvi Rasayan Pvt. Ltd. and Anr.

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Accordingly, we direct the District Magistrate, Malda to give compensation in above terms to the victims within three months out of the State funds, excluding the amount already paid. It will be open to the District Magistrate to recover the amount from the concerned violators by taking coercive measures, as per law. The victims will be at liberty to seek any other relief in appropriate proceedings. This direction is without prejudice to the criminal liability of the management and the operators of such activities.

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We also request the District Legal Service Authority, Malda to consider providing appropriate legal aid to the heirs of the victims and to the injured victims. We also direct the State PCB to take steps to assess and recover environmental compensation, following due process of law.

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We also direct the West Bengal State Pollution Control Board, Secretaries, Departments of Industries and Urban Development, West Bengal to inventories similar plastic recycling factories/godowns in the State and plan and execute safety measures to prevent recurrence of such incidents in the State.

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The application is disposed of.

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A copy of this order be forwarded to the Chief Secretary, West Bengal, Secretaries, Departments of Industries and Urban Development, West Bengal, District Magistrate, Malda, the District Legal Service Authority, Malda and the State PCB by e-mail for compliance.

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Adarsh Kumar Goel, CP

S.K. Singh, JM

Dr. S.S. Garbyal, EM

Dr. Nagin Nanda, EM December 18, 2020 Original Application No. 272/2020 AB

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News Item Published in the Times of India Title - Six Killed as Blast Tears through Malda Plastic Recycling Factory v. .

Case brief

What is this about?

What did the court decide?

News Item Published in the Times of India Title - Six Killed as Blast Tears through Malda Plastic Recycling Factory v. .

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

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