The National Green Tribunal (NGT) took Suo Motu cognizance of the matter relating to mass fish deaths due to high concentration of ammonia and hydrogen sulphide in River Periyar as submitted in a report by KUFOS (Kerala University of Fisheries and Ocean Studies) which contradicts Kerala Pollution Control Board’s assertion of no chemical pollution.
The Petition is registered suo-moto on the basis of the news item dated 25.05.2024.
The news item highlights that in the backdrop of mass fish deaths a report was made by Kerala Pollution Control Board in which it was held that the reason for the deaths was because of sharp drop in oxygen level following the opening of shutters at Eloor. According to their findings, the oxygen levels plummeted from 6.4 to 2.1 and they emphasised that controlled water release could have prevented this.
The report also highlighted that there was no change in the pH value of the water, indicating the absence of chemical contamination. Although KUFOS’s research committee dismissed these findings, their initial inspections revealed the presence of ammonia and hydrogen sulphide in Periyar’s waters after the mass fish deaths, suggesting contamination from organic and chemical waste. In preparation for their report, the KUFOS research team collected samples of dead fish and water from Periyar. KUFOS has sought further permission from the government to study fish diversity and the impact of pollution in Periyar.
The above matter indicated Bench violation of the provisions of the Environment Protection Act, 1986 and Water (Prevention and Control of Pollution) Act, 1974.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.
“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, Principal Bench of Justice Prakash Shrivastava, Justice Arun Kumar Tyagi and Dr. A. Senthil Vel impleaded the following as respondents in the matter:
i. Kerala State Pollution Control Board, through its Member Secretary.
ii. Central Pollution Control Board, through its Member secretary.
iii. Ministry of Environment and Forest.
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 05.09.2024.