ORDER

1. Proceedings have been initiated suo-motu in view of captioned media report about gas leak at Visakhapatnam, Andhra Pradesh, affecting the health of 178 women workers.

2. In pursuance of advance notice dated 06.06.2022, issued by the Registry, response was filed by CPCB, State PCB and Porus Laboratories Private Limited. Submissions were also been filed by an NGO – “Scientists for People”.

3. The Tribunal considered the matter earlier on 03.08.2022. From the pleadings, cause of the incident not being clear, the Tribunal constituted a six member joint Committee headed by Chairman State PCB with Regional Director, CPCB, nominee of NDMA, Prof. P. Jagannadha Rao, Department of Chemical Engineering, Andhra University, Visakhapatnam, District Magistrate, Anakapalli, Director Industrial Safety, Andhra Pradesh and Indian Institute of Chemical Technology, Hyderabad as members, to undertake visit to the site, ascertain cause of the incident and suggest remedial measures. Operative part of the order is reproduced below:-

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3. The NGO has submitted that the gas released in the present case is from Seeds Intimate Apparel Factory and Porus Lab in APIIC SEZ, exposing 369 women workers to ammonia. There is also probability of incident on account of handling of viscose fabric for innerwear. NGO has accordingly, suggested a scientific study.

4. Stand of CPCB is that according to version of State PCB, gas leak is from M/s Brandix Apparel India Ltd. and not from Porus Lab Private Limited. CPCB has prepared Guidelines tilted “Integrated Guidance Framework for Chemicals Safety in Respect of the Isolated Storages and Industries Covered Under Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989” in pursuance of orders of this Tribunal dated 11.06.2021 in O.A. No. 60/2021 which has been forwarded to all State PCBs/PCCs on 24.12.2021.

5. The State PCB has stated that the incident took place at M/s Seeds Intimate Apparel India Pvt. Ltd. in Special Economic Zone (SEZ) of M/s Brandix India Apparel City (Pvt.) Ltd., (BIAC) Pudimadaka Road, Atchuthapuram, Anakapalli District. The State PCB constituted a Committee to enquire into the incident which has given its report. The report has been examined by the State Government and the matter has been referred to ICMR. The State PCB has sought willingness for further investigation from ICMR, Bhopal, Chennai and Bengaluru.

6. Stand of Porus Laboratories Private Limited is that no leakage has taken place from its premises.

7. From the above, it is seen that large number of workers and inhabitants are adversely affected by gas leakage. According to media report, the leakage took place from Porus Laboratories Pvt. Ltd. but the said unit has denied leakage was from its unit. The State PCB has conducted some investigation but copy of the report has not been filed. According to State PCB, incident has taken place at M/s Seeds Intimate Apparel India Pvt. Ltd. in the premises of M/s Brandix India Apparel City. Learned Counsel for Brandix India Apparel City has put in appearance and submitted that the source of leakage is not from its unit.

8. While in view of precautionery principle, scientific proof of source is not a condition precedent for action, which can be on probabilities also, burden of proof then being on the unit to rule out its involvement, further inquiry in the matter may be appropriate to fix liability and to prevent recurrence of such incidents in future.

9. This Tribunal has come across violations of safety norms resulting in loss of human lives in the said area even earlier. Reference may inter-alia be made to fatal accidents in Nellore District on 29.07.2020 and 11.05.2021 considered by this Tribunal in O.A. 144/2020 vide order dated 07.12.2021 and to incident of gas leak at Vizag on 07.05.2020 resulting in death of 12 persons which was dealt with by this Tribunal vide order dated 01.06.2020 in O.A. No. 73/2020. There have been such industrial accidents adversely affecting humans and environme