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2024 Supreme(Online)(NGT) 620
Item No.3:-
BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Tuesday, the 26th day of November 2024.
(Through Video Conference)
Original Application No.89 of 2023 (SZ)
IN THE MATTER OF Tribunal on its own motion SUO MOTU – In Re: “2 severely injured in reactor blast at private pharma lab in Andhra’s Anakapalli. Fire fighting ops underway”
WITH
1) Andhra Pradesh Pollution Control Board D.No.33-26-14 D/2, Near Sunrise Hospital, Pushpa Hotel Centre, Chalamavari Street, Kasturibaipet, Vijayawada – 520 010.
2) Collector and District Magistrate Anakapalli, Sankaran, Andhra Pradesh – 531 001.
3) Chairman Andhra Pradesh State Disaster Management Authority (APSDMA)
D.No.21/2B, Pathuru Cross Road Centre, Kunchanpalli (PO), Tadepalli Mandal, Guntur District, Andhra Pradesh – 522 501.
4) Chief Inspector of Factories Andhra Pradesh
3rd Floor, D.No.16-72/1, Adjacent to Andhra Hospitals Gollapudi, (VJA-HYD Road) above Sonovision, Vijayawada – 521 225.
Andhra Pradesh.
5) Sahithi Pharma Private Limited Through its Director Flat 102, 2-55/KGB/130, 1st Floor, Navodaya colony, Nallagandla, Kancha Gachibowli, Hyderabad, Rangareddy District, Telangana – 500 019.
6) Central Pollution Control Board Regional Directorate (Chennai)
Through its Director
77-A, Padi, Ambattur Industrial Estate, Chennai – 600 058.
...Respondent(s)
For Applicant(s): Suo Motu by Court.
For Respondent(s): Mrs. Madhuri Donti Reddy for R1 to R4.
Mr. K.S. Viswanathan, Sr. Adv. a/w.
Ms. T. Hemalatha for R5.
Mr. D.S. Ekambaram for R6.
Judgment Reserved on: 06th November, 2024.
CORAM HON’BLE Smt. JUSTICE PUSHPA SATHYANARAYANA, JUDICIAL MEMBER HON’BLE Dr. SATYAGOPAL KORLAPATI, EXPERT MEMBER
J U D G E M E N T
Delivered by Smt. Justice Pushpa Sathyanarayana, Judicial Member
1. Based on the media report of the ABP News dated
30.06.2023, cognizance was taken by the Principal Bench of the National Green Tribunal, New Delhi regarding the severe industrial fire accident on 30.06.2023 at 11:00 a.m. in M/s. Sahithi Pharma Private Limited situated in Achuthapuram Industrial Special Economic Zone, Anakapalli, Andhra Pradesh.
2. The said incident has raised serious concerns regarding environmental compliance, industrial safety and adequacy of the disaster management protocols.
3. The report dated 31.07.2023 filed by the Director of Factories, State of Andhra Pradesh states that there was a chemical explosion in a Kettle (K/B/1/005) with its vapour column while distillation of spent solvent Dimethyl Sulfoxide (DMSO) was under progress in Production Block – I of the industry and it was followed by quick spread of fire immediately towards to the downwind direction to tanker truck under loading of IPA solvent near product storage tanks, solvent drum storage sheds and other locations in the industry. The explosion was so severe that an 8 KL capacity distillation kettle was propelled into the premises of a nearby industry (M/s. Laurus Labs Limited Unit – VI) approximately 70 Meters away. Despite fire fighting efforts by M/s. Laurus Labs Limited and subsequent assistance from 14 fire fighting tenders mobilized from various agencies, the fire could be controlled only by 04:30 p.m. The said accident resulted in the death of 07 industry workers and 04 of the crew members from the Andhra Pradesh State Disaster Response and Fire Management Department, who sustained injuries during the fire fighting operation. Hence, this Tribunal has taken up this issue as Suo Motu proceedings following the media reports.
4. The report further states that the plants of the industry were approved as prescribed under Rule 3 (1) (a) of the Andhra Pradesh Factories Rules, 1950. It was inspected by the then Deputy Chief Inspector of Factories on 11.09.2020 and found non-compliance of certain provisions under the Factories Act, 1948 and the Andhra Pradesh Factories Rules, 1950 and issued a show cause notice to both the occupier and the manager of the industry on 17.09.2020. The prosecution was launched against both the occupier and manager before the Judicial Magistrate – I, Yelamanchili in STC No.06 of 2021, for non-compliance of various statutory requirements. The prosecution resulted in a conviction on 11.09.2021 and a fine of Rs.15,000/- was imposed on each of the accused.
5. The Director of Factories further reported that the provisions related to Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 with respect to off-site emergency plans and third-party safety audits are not applicable to this industry, as the inventory of chemicals in this industry is less than the threshold quantity prescribed under the said Rules. Therefore, in accordance with the decision of the Government of Andhra Pradesh, vide G.O. (Rt) No.487 LFB & IMS (LAB – II) Department dated 18.08.2020, the Director of Factories had issued instructions to conduct an expert third-party safety audit in the industry vide Memo dated 24.01.2022. The third-party safety audit was performed through the M/s. SES Engineering Solutions, Vishakhapatnam and the audit report was submitted in the office of the Deputy Chief Inspector of Factories on
20.01.2023. As compliance of the audit recommendations was not received from the industry, a notice was served to the industry management for improvement, but the compliance report has not been received till date. The second notice of improvement was issued after the inspection of the industry on 19.04.2023, for which, there was also no response from the industry. Soon after the occurrence of the accident on 30.06.2023, the site was inspected by the Deputy Chief Inspector of Factories, who found that there were certain failures and inadequate safety pr
