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2024 Supreme(Online)(NGT) 384

NATIONAL GREEN TRIBUNAL BHOPAL (CENTRAL ZONE BENCH)
Sheo Kumar Singh, Judicial Member, Afroz Ahmad, Expert Member
NEWS REPORT PUBLISHED IN THE TIMES OF INDIA DATED 31.08.2023 TITLED “5 DIE IN TOXIC GAS LEAK AT MP FACTORY” – Appellant
Versus
STATE POLLUTION CONTROL BOARD – Respondent


Advocates:
For the Appellants/Petitioners: None
For the Respondents: Mr. Prashant M. Harne (with Mr. Mehul Bhardwaj), Ms. Parul Bhadoria, Mr. Rohit Sharma, Mr. Yadvendra Yadav, Dr. Sapna Aggarwal

Table of Content
1. suo moto cognizance of worker deaths from toxic gases (Para 1 , 2)
2. joint committee reports factory lapses and gas accumulation (Para 3)
3. applicability of msihc and caeppr rules to food industries (Para 4 , 5 , 6 , 7 , 8 , 9)
4. crisis group functions for chemical accident management (Para 10 , 11)
5. industry defenses on safety equipment and worker fault (Para 12 , 13 , 14 , 15 , 16 , 17 , 18)
6. mandate mechanized cleaning and ventilation upgrades (Para 19 , 20 , 21)
7. application disposed with compliance directions (Para 22)

ORDER

1. Issue raised in this application is death of five workers in a food industry in Morena, Madhya Pradesh on account of the impact of poisonous gases when these workers had entered the tank in a factory manufacturing synthetic cherries for paan and the food industry.

2. In light of the 2021 SCC Online SC-897, Municipal Corporation of Greater Mumbai v. Ankita Sinha and Ors. the Tribunal took the cognizance on 01.09.2023 and constituted a Committee with the District Magistrate and Director of Industry, Safety and Health to inquire the matter and submit a factual and action taken report.

3. The District Magistrate, Morena, Madhya Pradesh v

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