News Item Titled "Begging for Breath: Trapped Between Industries Kochi Residents Gasp for Fresh Air" Appearing in the New Indian Express Dated 23.02.2024 v. Central Pollution Control Board

NGT3 Dec 2024Original Application No. 153/2024

Case brief

AI extract

What is this about?

The Tribunal, seized of a Suo Moto application concerning air pollution from industries in Kochi, closed the application because the High Court of Kerala was already monitoring the matter through a contempt petition and a committee oversight.

What did the court decide?

The Original Application is closed as the matter is already being monitored by the Hon'ble High Court of Kerala.

News Item Titled "Begging for Breath: Trapped Between… — Environment and Pollution | NGT (2024)

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Item No.13:-

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BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI

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Tuesday, the 03^rd day of December 2024.

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(Through Video Conference)

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Original Application No.153 of 2024(SZ)

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[Earlier O.A. No. 320 of 2024(PB)]

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IN THE MATTER OF:

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Suo Moto matter in respect of news item appearing in ‘The New Indian Express’ dated 23.02.2024 titled “Begging for breath: Trapped between industries Kochi residents gasp for fresh air”.

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And

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1) The Central Pollution Control Board,

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Through its Member Secretary, ‘Parivesh Bhawan’, East Arjun Nagar, Delhi-110 032.

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2) Kerala State Pollution Control Board (KSPCB),

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Through its Member Secretary, Head Office, Pattom PO, Thiruvananthapuram, Kerala-695 004.

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3) District Collector,

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Kochi, Ernakulam,

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Kerala State. Pin - 682 030.

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4) Bharat Petroleum Corporation Limited, Kochi refinery

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Through its Executive Director, Post Bag No.2, Ambalamugal-682 302, Ernakulam District, Kerala.

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5) Hindustan Organic Chemicals Ltd., Kochi

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Through its administrative head, Post Bag: 18, Ambalamugal P.O., Ernakulam District, Kerala -682 302.

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...Respondent(s)

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Page 1 of 4

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For Applicant(s): Suo Motu. For Respondent(s): Mr. Revathi Manivannan for R1. Mrs. V.K. Rema Smrithi for R2. Mr. V. Kishokumar represented Mr. E.K. Kumaresan for R3. Mr. Krishnavasav, Sr. Adv. for M/s. Ramasubramaniam & Associates for R4. M/s. Rahul Balaji, Vishnu Mohan, Anusha Peri & K. Sanjay for R5.

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CORAM :

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HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER

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JUDGEMENT

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1. This is an application Suo Motu registered by this Tribunal based on the news item reported in The New Indian Express dated 23.02.2024 titled “ Begging for breath: Trapped

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between industries Kochi residents gasp for fresh air”.

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2. As per the news report, the residents of the area are suffering from respiratory issues due to the functioning of the 4^th Respondent viz., M/s. Bharat Petroleum Corporation Limited (BPCL) and the 5^th Respondent viz., M/s. Hindustan Organic Chemicals Limited (HOCL).

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3. Regarding the 5^th Respondent (M/s. HOCL), earlier this Tribunal by common order dated 19.04.2022 in O.A. No.265 of 2017(SZ), O.A. No.17 of 2021(SZ) and O.A. No.01 of 2022(SZ) issued certain directions and also imposing an environmental compensation of Rs.2,00,00,000/- (Rupees Two

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Page 2 of 4

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Crores only) payable to the Kerala State Pollution Control Board (KSPCB).

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4. The learned Senior Counsel appearing for the 4^th Respondent (M/s. BPCL) would state that the said order was under challenge before the Hon’ble Supreme Court of India and there is an order of stay regarding the recovery of the environmental compensation alone.

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5. In the meanwhile, the report of the Kerala SPCB would state that there was a writ petition in W.P. (C) No.7268 of 2013 alleging that the operation of the industries (Respondents No.4 and 5) forcing the petitioners therein to live in an unsafe environment due to the unscientific manner of acquiring land, etc.

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6. In the said Writ Petition, certain orders were passed by the Hon’ble High Court of Kerala. The Hon’ble High Court of Kerala has granted four months time to comply with the directions in the Judgement dated 08.04.2022 with a further extension of three more months. For the non-compliance, a Contempt Petition was filed as Con. Case (C) No.1024 of 2023 and the orders were passed in the same and the Hon’ble High Court of Kerala is monitoring the issue.

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7. The Hon’ble High Court of Kerala has constituted a Committee consisting of Kerala SPCB, District Collector – Ernakulam and the Panchayat of Ambalamugal for monitoring the area.

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Page 3 of 4

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8. The report of the Kerala SPCB filed before us states that the ambient air monitoring of the area was carried out and the results are submitted before the Hon’ble High Court of Kerala. The Hon’ble High Court of Kerala is monitoring the same.

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9. The said Contempt Petition is still pending before the Hon’ble High Court of Kerala and the issue involved in this Original Application is being monitored by the Hon’ble High Court of Kerala in respect of the 4^th Respondent viz., M/s. Bharat Petroleum Corporation Limited (BPCL) and the 5^th Respondent viz., M/s. Hindustan Organic Chemicals Limited (HOCL).

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10. As already the Hon’ble High Court of Kerala has seized of the matter on the same issue, it would be appropriate to close this Original Application.

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11. Accordingly, the Original Application [O.A. No.153 of 2024(SZ)] is closed.

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Sd/Smt. Justice Pushpa Sathyanarayana, JM

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Sd/-

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Dr. Satyagopal Korlapati, EM

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O.A. No.153/2024(SZ) 03^rd December, 2024. AD.

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Page 4 of 4

News Item Titled "Begging for Breath: Trapped Between Industries Kochi Residents Gasp for Fresh Air" Appearing in the New Indian Express Dated 23.02.2024 v. Central Pollution Control Board

Case brief

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News Item Titled "Begging for Breath: Trapped Between Industries Kochi Residents Gasp for Fresh Air" Appearing in the New Indian Express Dated 23.02.2024 v. Central Pollution Control Board

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