Disposed

News Item Titled "3 Killed as Major Fire Breaks Out at Perfume Warehouse Near Bengaluru" Appearing in the Indian Express Dated 19.02.2024 v. Karnataka State Pollution Control Board through Its Member Secretary

NGT22 Nov 2024Original Application No. 118/2024

Case brief

AI extract

What is this about?

The National Green Tribunal Southern Zone, Chennai, disposed of two suo motu applications concerning a fire accident at an illegal godown in Bengaluru that resulted in deaths and injuries. Relying on inspection reports confirming the site was vacated and the operation was unauthorized, the court held no further adjudication was required.

What did the court decide?

Disposed of the original applications with no further adjudication required.

News Item Titled "3 Killed as Major Fire Breaks Out at… — Environment and Pollution | NGT (2024)

¶1

Item No.4 (i) & (ii):-

¶2

BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

¶3

Friday, the 22^nd day of November 2024.

¶4

(Through Video Conference)

¶5

Original Application No.118 of 2024 (SZ)

¶6

[Earlier O.A. No.203 of 2024 (PB)]

¶7

WITH

¶8

Original Application No.150 of 2024 (SZ)

¶9

[Earlier O.A. No.376 of 2024 (PB)]

¶10

IN THE MATTER OF

¶11

Suo Moto matter in respect of news item appearing in ‘The Indian Express’ dated 19.02.2024 titled “3 killed as major fire breaks out at perfume warehouse near Bengaluru”.

¶12

And

¶13

1. Karnataka State Pollution Control Board Through Member Secretary "Parisara Bhavana", No.49,

¶14

Church Street, Bengaluru — 560001. Karnataka.

¶15

2. The District Magistrate, Bengaluru Kempegowda Road, Behind Kandaya Bhavana, Bengaluru Urban District, Bengaluru - 560 009.

¶16

Central Pollution Control Board Bengaluru, Through Regional Officer, A-Block, Nisarga Bhavan, 1^st and 2^nd Floors, 7^th D Cross, Thimmaiah Road, Shivanagar, Bengaluru – 560 079.

¶17

…Respondent(s)

¶18

WITH

¶19

1. Central Pollution Control Board (CPCB) Through its Member Secretary, 'Parivesh Bhawan', East Arjun Nagar, Delhi -11 0032.

¶20

Page 1 of 5

¶21

2. Karnataka State Pollution Control Board,

¶22

Rep. by its Member Secretary, Parisara Bhavan, 49, 4^th & 5^th Floor, Church Street, Banglalore-560001.

¶23

3. Director of Factories, Boilers, Industrial Safety & Health, 2^nd Floor, Kalyana-Suraksha Bhawan, Bannerghatta Road, Near Dairy Circle, Bengaluru-560029.

¶24

4. Deputy Commissioner & District Magistrate, Bengaluru District Kempegowda Road, Behind Kandaya Bhavana, Bengaluru Urban District, Bengaluru- 560009.

¶25

…Respondent(s)

¶26

O.A. No.118/2024 (SZ):

¶27

For Applicant(s): Suo Motu. For Respondent(s): Mr. A. Mahesh Chowdhary for R1. Mr. Rajat Jonathan Shaw represented Mr. Darpan K.M. for R2. Mr. R. Thirunavukarasu for R3.

¶28

O.A. No.150/2024 (SZ):

¶29

For Applicant(s): Suo Motu. For Respondent(s): Mr. R. Thirunavukarasu for R1. Mr. A. Mahesh Chowdhary for R2. Mr. Rajat Jonathan Shaw represented Mr. Darpan K.M. for R4.

¶30

CORAM :

¶31

HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER

¶32

HON’BLE Dr. VIJAY KULKARNI, EXPERT MEMBER

¶33

J U D G E M E N T

¶34

Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member

¶35

1. Cognizance was taken by the Principal Bench of the National Green Tribunal, New Delhi based on the news item published in ‘The Indian Express’ dated 19.02.2024 titled, “3 killed as major fire breaks out at perfume warehouse near Bengaluru” and registered as Original Application No.203 of 2024 (PB) . Similarly, yet another case has been Suo Motu

¶36

Page 2 of 5

¶37

registered by the Principal Bench as Original Application No.376 of 2024 (PB) , based on the above-referred news item.

¶38

2. It was reported in the said news item that three people, including the owner of a perfume warehouse, died after a major fire broke out on the outskirts of Bengaluru on Sunday afternoon. Five others were injured and shifted to Victoria Hospital. The incident took place around 5 p.m. in the said warehouse belonging to one Mr. Saleem. While the police are yet to ascertain the cause of the fire, they said the building, where inflammable materials were stocked, lacked adequate safety measures in place.

¶39

3. Thereafter, both matters were transferred to this Bench and re-numbered as Original Application Nos.118 of 2024 (SZ) and 150 of 2024 (SZ) respectively.

¶40

4. Upon notice, the Karnataka State Pollution Control Board/Respondent No.1, District Magistrate, Bengaluru / Respondent No.2 and the Central Pollution Control Board (CPCB)/ Respondent No.3 have entered appearance through their standing counsels.

¶41

5. The CPCB (Respondent No.3) has filed its reply dated 17.03.2024 , stating that the CPCB has requested the Karnataka SPCB to provide a detailed report about the incident. Accordingly, the Environmental Officer - Karnataka SPCB has submitted the report stating that the spot was inspected, soon after the incident was brought to his knowledge at about 7 p.m. on 18.02.2024. Again, the spot was inspected on 19.02.2024 at 8 a.m. and it was observed that the incident happened in 30 x 40 feet site in Sy. No.3 of Ramasandra Village, which belongs to one Mr. Vittal, who is a resident of Basti Village. On the north west corner of the site, a small house was constructed and the remaining area was covered with a temporary shed, which got totally damaged due to fire and the house is partially damaged. One Mr. Boraih, the owner of the house informed that Mr. Saleem has taken the vacant shed with open space on a rent basis for the past one month and using it as a godown for the past one week in the shed. Used empty/expired deodorant and aerosol

¶42

Page 3 of 5

¶43

aluminium cans of about 300 to 500 ML were stored in the premises, which contained flammable ingredients in the formulation; this increases the potential for these products to ignite when exposed to heat, sparks or open flames. Since these highly flammable liquids are prone to catch fire and explode when exposed to fire. The fire incident may have happened due to an electrical short circuit from some other fire source. Three persons lost their lives and five persons were severely injured in the fire incident. Storing of these cans is not covered under the Manufacture, Storage and Import of Hazardous Chemical Rules, 2000. However, only bulk storage of highly flammable liquids is covered under the said Rules. Upon enquiry, it was revealed that it is an illegal godown storing expired deodorant/aerosol cans and established and operating since the last one week. Further, based on the complaint lodged by one Mr. Arjun HV regarding the fire incident, an FIR has been registered by the Kumbalgodu Police and the investigation is underway.

¶44

6. Further, it is stated in the report that the CPCB has sought for the updated status report from the Karnataka SPCB. Accordingly, the Karnataka SPCB inspected the spot on 06.09.2024 and furnished the report to the CPCB, as per which, the godown was completely evacuated and no activities were observed, which was also confirmed by the local residents. It was further reported by the Karnataka SPCB that since it was a small godown used for scrap storage, it does not come under the purview of the consent mechanism.

¶45

7. The CPCB has further stated that the issuance of the license for storing chemicals in the premises is the mandate of Urban Local Bodies and the Karnataka State Fire and Emergency Services Department is the authority to issue the Fire NOC in this regard.

¶46

8. From the report of the CPCB referred to above, it is clearly revealed that a tragic fire accident occurred on 18.02.2024 at about 5 p.m. in a godown at Sy. No. 3, Ramasandra Village, Kengeri Hobli, Bengaluru, which was being illegally used for the storage of expired deodorant and aerosol cans. The fire led to the unfortunate death of three individuals,

¶47

Page 4 of 5

¶48

including the godown operator viz., Mr. Syed Saleem, and caused injuries to five others. The explosion further resulted in extensive damage to nearby properties, including residential structures and vehicles. The godown, measuring approximately 30 x 40 ft, had been rented by Mr. Syed Saleem only a month before the incident and was operational for just a week prior to the fire.

¶49

9. As per the Karnataka SPCB’s inspection report annexed with the report of the CPCB, the godown was established and operating without obtaining a license/permission from the authorities concerned and it does not come under the purview of the consent mechanism of the Karnataka SPCB.

¶50

10. Based on the submissions and reports filed by the CPCB and the Karnataka SPCB, it is evident that the fire incident on 18.02.2024 occurred in an illegally operated godown storing expired deodorant and aerosol cans. The CPCB has clarified that the activity does not fall under the purview of the Manufacture, Storage, and Import of Hazardous Chemical Rules, 2000, or the consent mechanism under the Karnataka SPCB. The site has been vacated, and no further activities were reported during subsequent inspections.

¶51

11. In view of the above, the Original Application Nos.118 and 150 of (SZ) are disposed of, as no further adjudication is required.

¶52

Sd/-

¶53

Smt. Justice Pushpa Sathyanarayana, JM

¶54

Sd/-

¶55

Dr. Vijay Kulkarni, EM

¶56

O.A. No.118/2024 (SZ) O.A. No.150/2024 (SZ) 22^nd November, 2024. Mn.

¶57

Page 5 of 5

News Item Titled "3 Killed as Major Fire Breaks Out at Perfume Warehouse Near Bengaluru" Appearing in the Indian Express Dated 19.02.2024 v. Karnataka State Pollution Control Board through Its Member Secretary

Case brief

What is this about?

What did the court decide?

News Item Titled "3 Killed as Major Fire Breaks Out at Perfume Warehouse Near Bengaluru" Appearing in the Indian Express Dated 19.02.2024 v. Karnataka State Pollution Control Board through Its Member Secretary

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shri Raju Goyal vs State of Maharashtra through Mira Bhaindar Municipal Corporation

Shantinath Devappa Hukkeri vs Dunung Industries Pvt. Ltd. through Director Pritam Prafulla Dunung

Gaurav Chaturvedi vs State of Gujarat through District Magistrate Surat

Shalbhjit Singh vs

Bajrang Agarwal vs

Swaminathan vs

Akash Dubey vs Union of India

Monu vs State of Uttarakhand

Misc Application in disposed of cases No. 18/2024 in Original Application No. 135/2021 of K. Palaniyappan vs District Collector

Nannepaga Venkata Rao vs State of Andhra Pradesh

K Rusendrababu vs Tamil Nadu Pollution Control Board

Naveen Kumar Jalagam vs State of Telangana

News Item Titled "3 Killed as Major Fire Breaks Out at Perfume Warehouse Near Bengaluru" Appearing in the Indian Express Dated 19.02.2024 vs Central Pollution Control Board

Suo Motu Illegal Stone Quarry in Vadipatti vs Directorate of Geology and Mining