JUDGMENT

PRESENT:

HON’BLE MR. JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER)

HON’BLE MR. SAIBAL DASGUPTA (EXPERT MEMBER)

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Reserved On:- 13.05. 2022 Pronounce On:-26.05. 2022 __________________________________________________________________

1. Whether the Judgment is allowed to be published on the net? Yes

2. Whether the Judgment is allowed to be published in the NGT Reporter? Yes JUSTICE B. AMIT STHALEKAR (JUDICIAL MEMBER)

Heard the learned Counsel for the parties and perused the documents on record.

2. This matter has been taken up Suo Motu by this Bench on the basis of a news report published in the daily ‘The Telegraph’ dated 03.06.2021 regarding an alleged incident of death of two workers after inhaling carbon monoxide that leaked at the coke oven unit of SAIL’s IISCO Steel Plant in West Burdwan’s, Burnpur (W.B.).

3. The facts as emerging from the news report is that gas leaked after a glitch at battery 11 and of three workers who were doing the job of cleaning at the battery chamber, which was otherwise shut for maintenance, two of them lost their lives due to inhalation of toxic gases at around 03:30 PM and one was rushed to the hospital and is under treatment.

4. The names of the deceased workers are mentioned as Sumanata Biswas aged 38 years and Babun Sarkar aged 43 years. The bodies have been sent for autopsy. The surviving employee Shymapada De aged 35 years who managed to escape from the chamber thereby saved himself.

5. Notices were issued to the following Respondents:- (i) Ministry of Environment, Forests & Climate Change, New Delhi.

(ii) Central Pollution Control Board, New Delhi.

(iii) West Bengal pollution Control Board. Kolkata.

(iv) District Magistrate of West Burdwan, West Bengal.

(v) Director, Directorate of Factories, West Bengal.

(vi) Chairman/CEO IISCO, Burnpur, West Burdman, W.B.

6. The Tribunal also constituted a Committee comprising of the following Members:-

(i) Senior Scientist from Central Pollution Control board, Regional Office at Kolkata.

(ii) Senior Scientist from West Bengal Pollution Control Board.

(iii) District magistrate of West Burdwan, West Bengal.

(iv) Director or any senior official from Directorate of Factories, West Bengal.

7. The West Bengal Pollution Board was appointed to act as the nodal office for all logistic purposes.

8. The Committee was tasked to inspect the site and submit its report with regard to the incident of leakage of gas and its impact on the environment. The Committee was also directed to submit a detailed report with regard to the cause of the leakage and determine the authorities responsible for such negligence and also determine and amount of compensation to be paid to the deceased as well as injured employee.

9. I.A. 38 of 2021 has been filed IISCO Respondent No.6 for recall of the order dated 08.06.2021 and to stay hearing of the case.

10. The ground taken is that the question as to whether the Tribunal has powers to take up the matters Suo Motu is pending herein before the Hon’ble Supreme Court.

11. The West Bengal Pollution Control Board filed an affidavit dated 13.08.2021 bringing on record the inspection report.

12. So far as the power of the Tribunal to take up issues involving substantial questions of environment suo motu are concerned the same is no longer res integra having been settled by the Hon’ble Supreme Court of India in Civil Appeal No. 17122- 23/2018 Municipal Corporation of Greater Mumbai versus Ankita Sinha and others which has not been disputed by Mr. Kallol Basu, learned Senior Counsel for the IISCO.

13. Affidavits have been filed by the respondents wherein it is stated that the committee constituted by the Tribunal inspected the Unit of Respondent No.6 IISCO and had submitted its report which reads as under:-

(a) “On-line monitoring system shall be maintained in fully working conditions.

(b)Information shall be communicated to WBPCB or CPCB if the on-line monitoring system was found in defunct condition, R