Disposed

News Item Titled "Microplastic in West Bengal,S Digha and Odisha,S Puri Seawater at Alarming Levels" Appearing in the Times of India Dated 04.08.2024 vs

NGT14 Aug 2024Original Application No. 1064/2024

Case brief

AI extract

What is this about?

The National Green Tribunal registered a suo-motu application based on a news item about alarming microplastic levels in West Bengal and Odisha seawaters. Referencing prior orders and environmental acts, the Tribunal impleaded pollution boards and district authorities as respondents and transferred the case to the Eastern Zonal Bench, Kolkata, for hearing.

What did the court decide?

Implication of pollution boards and district officials as respondents; transfer of the original application to the Eastern Zonal Bench, Kolkata, and listing for hearing.

News Item Titled "Microplastic in West Bengal,S Digha and… — Environment and Pollution | NGT (2024)

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Item No. 04

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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. 1064/2024

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News Item titled "Microplastic in West Bengal’s Digha and Odisha’s Puri seawater at alarming levels" appearing in the Times of India dated 04.08.2024

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Date of hearing: 14.08.2024

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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

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ORDER

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This original application is registered suo-motu on the basis of the news item titled "Microplastic in West Bengal’s Digha and Odisha’s Puri seawater at alarming levels" appearing in the Times of India dated 04.08.2024.

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The matter relates to the alarming levels of microplastics found in the coastal waters and sediments of Digha in West Bengal and Puri in Odisha, two of Eastern India’s popular beach destinations. As per the article, a recent study by the Centre's Science & Engineering Research Board has raised serious concerns about the impact of microplastics on marine life and the health of millions of visitors.

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The news item highlights that the research found an average of 5.3 microplastic items per litre of water on the Digha beach and 6.4 microplastic items per litre on the Puri beach. It states that the sediments revealed even more troubling data, with Digha recording 173.4 items per kg and Puri reaching 190.4 items per kg. It alleges that these numbers suggest that plastic pollution is a growing crisis in these coastal regions, potentially affecting the future of these tourist spots.

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Furthermore, the news item emphasizes that the presence of microplastics poses a grave threat to the delicate marine ecosystem, with potential consequences for the countless creatures that call these waters home. It also compromises tourists' safety and health as microplastics can enter the food chain.

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The news item further explains that microplastics are tiny plastic particles less than 5mm in size, originating from stuff like polythene bags, bottles, microbeads in personal care products, cigarette filter tips, synthetic fabrics, vehicle tyres, industrial waste, fishing gear and paints. The study identified polyethylene, a common plastic used in bags and packaging, as the most prevalent type of microplastic. It poses significant risk to marine life because of its abundance and persistence in the environment. Moreover, it is highlighted that marine creatures often mistake microplastics for food, which can cause physical harm, blockages and exposure to toxic chemicals. Fish, sea turtles and seabirds are particularly vulnerable. Microplastics can also carry harmful chemicals absorbed from surrounding water. Tourists and locals in Digha and Puri may also ingest microplastics while having their favourite seafood dish, leading to potential health issues. Microplastics affect fish reproduction, reducing fish populations and impacting consumers and fishermen. Additionally, uncontrolled tourism development from Haldia to Puri and direct release of industrial effluents into rivers contribute to this problem.

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The Honorable Tribunal has taken up a similar matter in OA No. 251/2022 (In Re: News item published in The Hindu dated 29.03.2022 titled “Detecting microplastics in human blood”) wherein NGT in its order dated 31.01.2024 held that while studies need to be undertaken expeditiously and completed at the earliest, interventions

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need to be immediately introduced. This includes designing and manufacturing of products which are potential threat for generating microplastics like textiles, tyres and products like laundry detergents, road surfaces, and vehicles as well as, manufacture and sale of certain personal care and cosmetic products containing microplastic. The NGT directed the concerned Ministries to consider CPCB report on microplastics and bring about the desired changes at their earliest

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The above matter indicates violation of the provisions of the provisions of the Plastic Waste Management (Amendment) Rules, 2022, Water (Prevention and Control of Pollution) Act, 1974 and the Environment Protection Act, 1986.

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The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.

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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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Hence, we implead the following as respondents:

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i. Central Pollution Control Board, Through its Member Secretary Parivesh Bhawan, East Arjun Nagar, Delhi-110032

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ii. West Bengal Pollution Control Board, Through its Member Secretary

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Paribesh Bhawan, 10A, Block-LA, Sector-III, Bidhannagar,

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Kolkata-700 106

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iii. Odisha State Pollution Control Board

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Paribesh Bhawan, A/118, Nilakantha Nagar, Unit – VIII,

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Bhubaneswar – 751012, Odisha

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iv. Ministry of Environment and Forest, Through its Regional Office

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at Bhubaneswar

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Integrated Regional Office, A/3, Chandersekharpur,

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Bhubaneswar, Odisha, 751023

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v. Ministry of Environment and Forest, Through its Regional Office

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at Kolkata

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Integrated Regional Office, Kolkata, IB – 198, Sector-III, Salt

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Lake City, Kolkata – 700106

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vi. District Magistrate, Puri

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Governer House Rd, Puri, Odisha 752002

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vii. District Magistrate, Medinipur

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Office of the District Magistrate, Collectorate Administrative Building, PO: Paschim Medinipur, Paschim Medinipur PIN721101

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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.

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Since the matter relates to the Eastern Zonal Bench, Kolkata, therefore, OA is transferred to the Eastern Zonal Bench. Therefore, the original record of this OA be transferred to the Eastern Zonal Bench, Kolkata for further action.

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List before Eastern Zonal Bench at Kolkata on 14.10.2024.

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Prakash Shrivastava, CP

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Arun Kumar Tyagi, JM

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Dr. A. Senthil Vel, EM

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August 14, 2024 O.A. No. No. 1064/2024 HB

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News Item Titled "Microplastic in West Bengal,S Digha and Odisha,S Puri Seawater at Alarming Levels" Appearing in the Times of India Dated 04.08.2024 vs

Case brief

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News Item Titled "Microplastic in West Bengal,S Digha and Odisha,S Puri Seawater at Alarming Levels" Appearing in the Times of India Dated 04.08.2024 vs

Case brief

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