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National Green Tribunal takes suo motu cognizance of Andhra Pradesh factory blast

The National Green Tribunal (NGT) has taken suo motu cognizance of the matter relating to the death of 17 workers and injuries caused to 20 others due to the eruption of a major fire reportedly after a reactor blast in a manufacturing company plant in the Special Economic Zone at Atchutapuram in Anakapalli of Andhra Pradesh.

The petition is registered suo motu on the basis of the news item dated 22.08.2024.

As per the article, the company manufactures intermediate chemicals and pharmaceutical ingredients.

The article alleged that the death toll is likely to go up as bodies of several workers were feared trapped under the rubble of the slab of the first floor of the four-storey building. Furthermore, the impact of the blast was so strong that the severed body parts of some workers were thrown to some distance on the company premises. Thick flames and smoke engulfed the area. Spread across 40 acres, the Company was set up at Atchutapuram SEZ in 2019 with a budget of around Rs 200 crore. The company manufactures Active Pharmaceutical Ingredients (API).

The news item highlights that as many as 381 workers have been working in two shifts in the company. The accident occurred around 2.15 p.m., during shift change.

It is claimed that such accidents have been occurring frequently, and yet no measures have been taken. Moreover, the news item alleges that repeated accidents had been occurring due to alleged negligence and apathy of the managements. It had been several years since a safety audit was conducted.

The Tribunal has passed orders in cases relating to industrial accidents forming Committees to find out the cause of accidents and take remedial actions and further directing payment of compensation to the victims. In the present case, it is required to be ascertained if the unit was complying with environmental norms and if compensation to the victims/family member of victims has been paid, the Bench noted.

The news item raises substantial issue relating to compliance of the environmental norms.

“Power of the Tribunal to take up the matter in suo-motu exercise of power 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.”

Hence, the Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:

(1). Central Pollution Control Board, Through its Member Secretary.

(2). Andhra Pradesh Pollution Control Board, Through its Member Secretary.

(3). Ministry of Environment, Forest and Climate Change.

(4). District Magistrate, Anakapalli.

(5). Director, Directorate of Industrial Safety and Health, Andhra Pradesh.

The Bench issued notice to the Respondents.

Since the matter relates to the Southern Zonal Bench, Chennai, therefore, the Bench transferred the matter to the Southern Zonal Bench for appropriate further action.Office is directed by the NGT to transfer the original record to the Southern Zonal Bench and the matter is listed on 30.09.2024.

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