2022 Supreme(Online)(NGT) 890
Item No.5 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL SPECIAL BENCH (By Video Conferencing)
Original Application No. 155/2017(SZ)
M.Gobineelan Applicant Versus The Secretary to the Government,Department of Environment and Forest, Chennai and Ors. Respondent(s)
Date of hearing: 14.03.2022 CORAM: HON’BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON’BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER HON’BLE PROF. A SENTHIL VEL, EXPERT MEMBER HON’BLE DR. VIJAY KULKARNI, EXPERT MEMBER HON’BLE DR. AFROZ AHMAD, EXPERT MEMBER Respondent(s): Dr. D. Shanmuganathan for R1 to R3, R6 & R7.
Mr. S. Sai Sathya Jith for R4.
Mr. S.R. Sundaram for R8.
Mr. Abdul Saleem and Mr. S. Saravanan for R9.
Mr. D. Ramesh Kumar for R5.
For the Petitioner: MYILSAMY K, R SENTHIKUMAR
For the Respondent:
ORDER
1. Prayers in this application are as follows:-
“A.) Directing the 3rd respondent to forbear all municipalities, town and village panchayaths from using toxic or chemical substances in destroying mosquitoes and weeds and thus render justice, B.) Directing the respondent No.5 to regulate the registered pesticides under Insecticides Act and to make byelaws in accordance with section.7 of Insecticides Act and thus render justice, C.) Directing the respondents to prohibit the sale of un registered pesticides and also sales of banned pesticides and thus render justice, D.) Forbearing the 9th respondent from producing, selling of poison treated seeds to the farmers and thus render justice, E.) Forbearing the 10th respondent from using pesticides and other substances on their godowns and thus render justice, F.) Directing the respondents to constitute a mechanism for monitoring conventional farmers and redressing grievance of public and organic farmers and thus render justice.”
2. Case of the applicant is that there is unregulated use of pesticides and other toxic substances in agricultural operations such as chemical fertilizers. Chemical fertilizers and pesticides have serious adverse impact on environment causing air and water pollution and also degrading the land. Spraying machines are used for pesticides on cultivated crops which not merely destroy unwanted insects and weeds but also destroy good micro organisms, bacteria and other organisms on soil. Pesticides reach the soil and contaminate the ground water and also degrade fertility of soil. White spraying pesticides, it mixes up in the air and causes severe air pollution. Run off from pesticides reaches nearby lakes, ponds and surface water and contaminates water.Farmers before and after cultivating crops use toxic chemical fertilizers such as urea, phosphorus, potash etc. for betterment of production and for cultivating disease resistant crops. The chemical fertilizers are made up of a heavy metals and harmful substances. These chemical fertilizers go into root of soil and contaminate ground water level. Farmers directly place chemical substance into the holes of trees for controlling insects and preventing other infections. All these chemical fertilizers enter into fruits. There is possibility of ground water as well as ambient air becomingtoxic due to usage of chemical fertilizers and other chemical substances by the farmers on their agricultural fields.

3. It is further stated that all municipalities, towns and village panchayaths are using pesticides and other harmful ingredients without any limitation for controlling mosquitoes within their jurisdiction. Usually they mix up the harmful ingredients with pure water. Using mosquito sprayer machines, they spray the mixed substances within their area.Harmful ingredients mix up with air. Entire environment becomes polluted. They also spray pesticides on the ponds, sides of river and other surface of water for controlling mosquitoes and weeds. While using these pesticides, harmful substances are mixed up in ponds and atmosphere. Good micro organism, fishes, frogs etc., are destroyed and water becomes polluted. The municipality mixes huge amount of chlorine and other forms of chemical substances in river water. Organisms which live the beneath the water are destroyed. It is also distributed by the municipalities to the individual houses through underground water pipelines for drinking.
4. Further averments in the application are that the pesticides are contained in plastic cans.Chemical fertilizers, poison treated seeds etc. are contained in bags, sacks, etc. There were no guidelines how to dispose these bags after use by farmers. Generally farmers will throw empty bags in river water or on land. They are burnt causing pollution.Harmful substances contaminate entire atmosphere. Farmers spray \ dip textile dyes among fruits, vegetables to make them vibrant and attractive. While spraying these dyes,lot of toxic substance are mix











