Disposed

Kiritsinh Chhatrasinh Sindha and Ors. vs

NGT3 May 2024Original Application No. 206/2024

Case brief

AI extract

What is this about?

The National Green Tribunal adjudicated an original application concerning a bromine gas leak by PI Industries Ltd. in Gujarat causing hospitalization. The court constituted a Joint Committee to investigate the grievance and directed the transfer of the case to the Western Zone Bench at Pune for further hearing.

What did the court decide?

Constitution of a Joint Committee to investigate gas leak grievances and direct transfer of the case to the Western Zone Bench at Pune.

Kiritsinh Chhatrasinh Sindha and Ors. vs — Environment and Pollution | NGT (2024)

¶1

Item No.1

¶2

(Court No. 2)

¶3

BEFORE THE NATIONAL GREEN TRIBUNAL PRINCIPALBENCH, NEW DELHI.

¶4

(Through Physical Hearing with Hybrid V.C. Option)

¶5

Original Application No. 206/2024

¶6

Kiritsinh Chhatrasinh Sindha & Ors. …Applicants.

¶7

Versus

¶8

State of Gujarat & Ors.

¶9

…Respondents.

¶10

Date of hearing: 03.05.2024

¶11

CORAM: HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER. HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER.

¶12

Applicants: None for the applicants.

¶13

Application is registered based on a complaint received by Email

¶14

ORDER

¶15

Mr. Kiritsinh Chhatrasinh Sindha and others have sent by email the present letter petition to this Tribunal, which has been treated and registered as O.A. No. 206/2024, complaining about leakage of bromine gas resulting in hospitalization of 28 persons.

¶16

The relevant part of the letter petition enumerating grievances of the

¶17

applicants is reproduced as follows:-

¶18

“X X X X Respected Sir,

¶19

Various Serious News Reports.

¶20

1. Times of India, Dt.23/8/2023.

¶21

( Bromine Gas Leaked at PI Industries Ltd, Vill. Sarod, Tal. Jambusar, Dist. Bharuch, 28 person Hospitalised, Related Serious News Reports. )

¶22

httpsJ/youtu.be/S3w0oeVGKAY?si=11 f hcPAMF hF4E

¶23

¶24

PI Industries Ltd, Vill. Sarod, Tal. Jambusar joint Continue Chemical Accidents with Human Deaths related serious news reports.

¶25

O.A. No. 206/2024

¶26

Kiritsinh Chhatrasinh Sindha & Ors Vs. State of Gujarat & Ors

¶27

-2-

¶28

https://youtu.be/T-NqkL6jHPc?si=Xkva-r5VgB4zkdwt

¶29

https://youtu.be/jw xvO6gPPg?si=Wv5sFrDFG-BdITmN

¶30

PI Industries Ltd, Vill. Sarod, Tal. Jambusar, Dist. Bharuch related, continue unke chemical accidents related major serious issue, with ECPL Canal & Bharuch district with Vadodara District joint continue Ground water pollution & Continue air Pollutions related major serious issue ki samagra gabhirta se aap puri tarah se vakef ho.

¶31

MoEFCC, Proposal No. IA/GJ/IND3/285811/2022, File No.IA-J11011/6/2017-IA-II(I) k liye, PI Industries Ltd, Vill. Sarod, Tal. Jambusar, Dist. Bharuch related ruparokt continue chemical accidents related major serious issue k liye, unke all revenue servey number wise unke all chemical plants k liye, immediately Central Crisis Group(MoEFCC) and Expert Appraisal Committee( MoEFCC) k star se, immediately, nutral joint inspection karvane k baad hi MoEFCC, Proposal No. IA/GJ/IND3/285811/2022, File No.IA-J11011/6/2017-IA-II(I) k liye, Unke EC approval & Continue unke Chemical accidents related major serious issue with, ECPL Canal joint continue Bharuch District & Vadodara District joint continue air Pollutions & Ground water pollutions related major serious issue with Vadodara & Bharuch District joint Continue Major Chemical accidents related serious issue ki samagra gambhirta k liye, aap Shri O k star se, immediately, Crisis Group(MoEFCC) and Expert Appraisal Committee( MoEFCC) k star se immediately nutral joint visit k sath unke star se nutral karyavahi karvake, unke action taken reports k sath immediately hame vigatvar inform karvaye, pl.

¶32

Put up urgent, pl.”

¶33

Prima facie the averments made in the application raise substantial questions relating to environment arising out of the implementation of the enactments specified in Schedule-I to the National Green Tribunal Act, 2010.

¶34

In view of the averments made in the application, we consider it appropriate that a Joint Committee be constituted to verify the factual position and suggest appropriate remedial action. Accordingly, we constitute a Joint Committee comprising of representatives of Central Pollution Control Board, Gujarat Pollution Control Board and District Magistrate, Bharuch and direct the same to meet within two weeks, undertake visits to the site, look into the grievances of the applicants, associate the applicants and representative of the concerned project proponents, verify the factual position and suggest appropriate remedial action. The Gujarat State

¶35

O.A. No. 206/2024

¶36

Kiritsinh Chhatrasinh Sindha & Ors Vs. State of Gujarat & Ors

¶37

-3-

¶38

Pollution Control Board will be the nodal agency for coordination and compliance.

¶39

Even though in the present case cognizance has been taken by this Bench on the basis of letter petition received by post with approval and assignment under order of Hon’ble Chairperson, but in view of the facts and circumstances of the case including the fact that the place of accrual of cause of action lies within jurisdiction of the Western Zone Bench of this Tribunal at Pune, we are of the considered view that it will be appropriate if the case is further heard by the Western Zone Bench of this Tribunal at Pune.

¶40

Accordingly, the Registry is directed to list the matter before the Western Zone Bench of this Tribunal at Pune on 08.07.2024 after obtaining orders from Hon’ble the Chairperson for transfer of the case.

¶41

Report by the Joint Committee be filed within two months before the Western Zone Bench of this Tribunal at Pune by email [email protected] preferably in the form of searchable PDF/OCR Supported PDF and not in the form of Image PDF.

¶42

A copy of this order be sent to the Member Secretary, Central Pollution Control Board, Member Secretary, Gujarat Pollution Control Board and District Magistrate, Bharuch by email for requisite compliance.

¶43

Arun Kumar Tyagi, JM

¶44

Dr.Afroz Ahmad, EM

¶45

May 03^rd , 2024 P

Kiritsinh Chhatrasinh Sindha and Ors. vs

Case brief

What is this about?

What did the court decide?

Kiritsinh Chhatrasinh Sindha and Ors. vs

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Soudamini Naik vs

Shri Nabendu Kumar Bandyopadhyay vs the Department of Evironment Government of West Bengal

Ajit Kumar Jain vs State of Rajasthan

General Secretary All India Forward Bloc vs Sanwariya Processors Pvt. Ltd.

Abijit Sarkar and Ors. vs

Rajender Singh vs

Vivek Mahna vs

Maa Durga Primary Fisherman Co. Operative Society Ltd. vs Union of India

Soudamini Naik vs

Khalid Ansari and Ors. vs

Anand Kumar Dhyani vs Public Works Department

Deepu Malik vs

Rajender Singh vs

Abijit Sarkar and Ors. vs