ORDER

1. This original application is registered suo-motu on the basis of the news item titled “Three die of asphyxiation at illegal coal mine in Gujarat”

appearing in The Hindu dated 15.07.2024.

2. The matter relates to the death of 3 labourers due to asphyxiation inside an illegal coal mine in Sundranagar district of Gujarat. As per the article, this is the fourth such incident reported in a year in which a total of 10 people had lost their lives while digging for low-grade coal in illegal mines found in several parts of the district. The coal is used to fuel factories in the State and elsewhere.

3. The news item states that workers who died after inhaling toxic gas in the mine were not provided the essential safety gear. The article further highlights that there have been frequent incidents of deaths in Surendranagar district where illegal mining of coal is rampant. It states that the proliferation of unregulated coal mines has become a death trap for impoverished workers who get paid ₹500-₹700 a day to work in pits that are 80 to 100 feet deep to extract coal using gelatin sticks for blasting, which is completely illegal. The workers are not given helmets, gloves, or any kind of protective clothing. The article also claims that in the past six months, around 20 labourers have died in the illegal mines in this area and yet there has been hardly any prompt action taken by the authorities to stop this activity.

4. The above matter indicates violation of the Public Liability Insurance Act, 1991 and the Environment Protection Act, 1986.

5. The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of scheduled enactment.

6. Power of the Tribunal to take up the matter suo-motu 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.

7. Hence, we implead the following as respondents in the matter:

i. Central Pollution Control Board, Through its Member Secretary Parivesh Bhawan, East Arjun Nagar, Delhi-110032 ii. Gujarat State Pollution Control Board, Through its Member Secretary Paryavaran Bhavan, Sector-10A, Gandhinagar – 382010 iii. Minsitry of Environment, Forest and Climate Change, Through its Regional Office Integrated Regional Office, Gandhi Nagar, A-Wing – 407 & 409, Aranya Bhawan, Near CH-3 Circle, Sector-10A, Gandhi Nagar –

382010 iv. District Magistrate, Sundranagar Office of the Collector, Police Colony, Sundranagar, Gujarat-

363040

8. Let notice be issued to the above Respondents for filing their response before the Western Zonal Bench of the Tribunal.

9. Since the matter relates to the Western Zonal Bench, Pune, therefore, OA is transferred to the Western Zonal Bench for appropriate further action. Let the original record of this OA be transferred to the Western Zonal Bench, Pune.

10. List before Western Zonal Bench at Pune on 17.09.2024.

Prakash Shrivastava, CP Arun Kumar Tyagi, JM Dr. A. Senthil Vel, EM July 16, 2024 O.A. No. 828/2024 HB