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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
Original Application No.125/2023(CZ)|I.A.No.11/2024|O.A.No.539/2023 - PB
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
Food processing units must install ventilation, gas detectors, mechanized cleaning; comply with chemical safety rules despite non-hazardous tag; CPCB to frame sector guidelines; taskforces for crisis management mandated post-asphyxiation deaths from organic gas accumulation.
Headnote:(A) National Green Tribunal Act, 2010 - Suo motu cognizance based on news report - Factory Act, 1948; Water (Prevention and Control of Pollution) Act, 1974 - Section 33A; Air (Prevention and Control of Pollution) Act, 1981 - Section 31A; Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989; Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996 - Death of five workers due to asphyxiation from toxic gases (methane, propane, hydrogen) generated by putrefaction of fruit residues in unventilated storage tank during manual cleaning - Industry failed to provide safety equipment, training, supervision, ventilation, and mechanized cleaning - No prior approval for storage shed layout - Effluent treatment plant dismantled without intimation - Closure directions issued by PCB - Compensation under Employees Compensation Act, 1923 initiated (approx. Rs. 9-10 lakhs per deceased) plus state schemes (Rs. 4 lakhs each) - NGT directs installation of ventilation (6 air changes/hour), gas monitors with alarms, mechanized cleaning systems, sludge pumps; framing of guidelines for food processing industries by CPCB/MoEF&CC strict compliance with MSIHC and CAEPPR Rules; constitution of state/district taskforces for crisis management. (Paras 1-22)
(B) Environmental Law - Polluter pays principle - Recovery of environment compensation recommended based on damage assessment for groundwater/soil contamination from untreated effluent discharge into factory ponds - Clean-up of storage tanks under expert guidance funded by project authorities. (Paras 3(F)8, 3(F)13)
(C) Occupational Safety - Lapses identified: no safety signboards, PPE, gas detectors, supervisor presence; untrained workers entered locked shed post-16 hours closure; no mechanical desludging - Directions for SOPs, pre-placement training, mock drills mandatory in food processing units. (Paras 3
(B), 3
(C), 20)
Facts of the case:
Suo motu Original Application initiated on news report of five workers dying from toxic gas exposure while manually cleaning empty underground fruit storage tank in food processing unit on festive holiday. Joint Committee report confirmed asphyxiation due to accumulated organic gases from papaya residue putrefaction in unventilated shed; multiple regulatory violations noted including absent ETP, improper hazardous chemical storage.
Findings of Court:
Incident attributable to systemic safety failures, not mere worker negligence; compensation processes underway but timelines for state aid payments unclear; industry directed to implement comprehensive safety upgrades; regulatory authorities to enforce MSIHC/CAEPPR frameworks via taskforces; guidelines for sector mandated.
Issues: Cause of deaths and responsible lapses; adequacy of compensation; compliance with chemical safety rules despite 'non-hazardous' classification; preventive measures for food processing industries handling organic putrefaction risks; environmental remediation for effluent violations.
Ratio Decidendi: Even orange/non-hazardous category food units handling ammonia/organic waste must comply with MSIHC Rules based on quantities; ventilation, gas monitoring, mechanized processes, training essential to prevent asphyxiation; CPCB/MoEF&CC to issue sector-specific guidelines; taskforces ensure crisis response under CAEPPR.
Result: Original Application and I.A. disposed with binding directions for safety installations, rule compliance, guideline framing, taskforce constitution.
| 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 vide correspondence letter dated 30.09.2023, has communicated the visit of the Joint Committee and factual status and observation as follows :-
[A]
“OBSERVATIONS AND INFORMATION ABOUT THE SPOT OF ACCIDENT:
1.The industry M/s Sakshi Food Products is situated on a piece of land bearing survey numbers 168/1, 168/2, 170/1 and 170/2 in Village Dhanela, AB Road, Tehsil Banmore, District Morena, MP. Total industrial plot area is 8296 square meter. This is the Small Scale Orange category industry. The industry is surrounded by open agriculture land. Nearest village Jaderua is about 1.00 km, National Highway is about 400 meters, nearest river Sank is 2.50 Km. and Railway line is about 1.60 Km. away from the industry. GPS coordinates of industry is Latitude 26.4275 N, Longitude 78.0400 E. The location is marked on Google map and it is enclosed.
2.A tragic accident happened within the premises of said industry on dated 30.08.2023 resulting in the death of five workers. There was a festive holiday in the factory due to Rakhi on the day of accident, so production activity was completely closed as reported. But for some maintenance and cleaning works at boiler section and papaya storage shed eight workers were present within factory premises. It was also informed to Joint Committee that papaya storage shed was in lock condition for about 16 hours before workers entered inside it for tank cleaning.
3.On the day of visit the said industry was completely closed. Factory premise has already been sealed by District Administration since the day of incident and 2 was under the custody of police.
4.Joint Committee along with other Government officials reached the spot of accident with gas detector equipment.
5.The spot where accident took place is situated inside a covered storage shed having six RCC underground storage tanks of size 4.50 m (cid:215) 4.50 m (cid:215) 3.00 m each. The cut papaya pieces which are the raw material of industry for manufacturing fruit cuts were stored inside these tanks under preservation with 20% common salt solution. In five tanks papaya pieces were kept stored and one tank was empty inside which residues of papaya and salt solution was seen. The accident happened inside this empty tank during its manual desludging/emptying operation by un-skilled workers.
6.The gate of papaya cuts storage shed was opened before the Joint Committee during the visit. A sharp smell of putrefaction was experienced at the gate. The presence of gases was monitored by gas detector equipment by MPPCB officials. The gas detector indicate alarming presence of methane, propane, hydrogen gases inside the storage shed. There was no ventilation facility seen at storage shed to escape organic gases generated due to putrefaction of papaya.
7.It was also informed to Joint Committee tha
