ORDER

Judgment pronounced through Video Conference. The original application is disposed of with directions vide separate Judgment. Pending interlocutory application, if any, shall stands disposed of.

Justice K. Ramakrishnan, J.M. Dr. Satyagopal Korlapati, E.M.

O.A. No. 70/2020(SZ)

28.09.2022. Sr.

Item No.6: Court No: 1 BEFORE THE NATIONAL GREEN TRIBUNAL SOUTHERN ZONE, CHENNAI Original Application No.70 of 2020 (SZ)

(Through Video Conference) IN THE MATTER OF Tribunal on its own motion SUO MOTU based on the News Item in The New Indian Express, Chennai edition Dated 16.05.2020, “Ammonia leak from Madras Fertilizers Limited Worries residents in Chennai‟s Manali.”

And

1. Union of India, Rep. by its Secretary, Ministry of Environment and Forests and Climate Change, Indira Paryavaran Bhawan, Jorbagh Road, New Delhi – 110 003.

2. The Chief Secretary to Govt. of Tamil Nadu Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu – 600 009.

3. The Secretary to Govt. of Tamil Nadu, Department of Environment, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu – 600 009.

4. The Principal Secretary to Govt. of Tamil Nadu, Industries Department, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu – 600 009.

5. The Principal Secretary to Govt. of Tamil Nadu, Health and Family Welfare Department, Govt. Secretariat, Fort St. George, Chennai, Tamil Nadu – 600 009.

6. Central Pollution Control Board, Rep. by its Chairman, „Parivesh Bhawan,‟ East Arjun Nagar, Shahdara, Delhi – 110.

7. The Chairman, Tamil Nadu Pollution Control Board, No. 76 Anna Salai, Guindy, Chennai, Tamil Nadu – 600 32.

8. The District Collector, Thiruvallur District, First Floor, Collectorate, Thiruvallur – 602 001.

9. Madras Fertilizers Limited, Rep. by its Chairman and Managing Director, SH 104, Harikrishna Puram, Manali, Chennai, Tamil Nadu – 600 068. For Applicant(s): By Court For Respondent(s): Mrs. D. Sumathi for R1 Dr. D. Shanmuganathan for R2 to R5 & R8 Mr. Thirunavukkarasu for R6 Mr. S. Sai Sathya Jith for R7 Mr. Saisyaam for R9 Judgment Reserved on: 23rd August 2022.

Judgment Pronounced on: 28th September, 2022.

CORAM HON’BLE MR. JUSTICE K. RAMAKRISHNAN, JUDICIAL MEMBER HON’BLE DR. SATYAGOPAL KORLAPATI, EXPERT MEMBER Whether the Judgment is allowed to be published on the Internet – Yes.

Whether the Judgment is to be published in the All India NGT Reporter – Yes.

JUDGMENT

Delivered by Justice K. Ramakrishnan, Judicial Member

1. The above case was Suo-Motu registered by this Tribunal on the basis of the newspaper report published in the New Indian Express, Chennai Edition, dated 16.05.2020 under the caption “Ammonia leak from Madras Fertilizers Limited worries residents in Chennai’s Manali.”

2. It was alleged in the newspaper report that a leak of ammonia gas from Madras Fertilizers Limited (MFL) factory in Manali was noticed on the night of Thursday which left the residents nearby areas struggling for breathing for a short while.

3. It was further alleged that the Senior Officer from Tamil Nadu Pollution Control Board when contacted, confirmed about the leak occurred and he suspected that it could have released from the pressure relief valves when there was some unscheduled shut down of the urea unit. The official, however, termed the leak as “minor” saying neither the Central Pollution Control Board‟s (CPCB) nor the Tamil Nadu Pollution Control Board‟s (TNPCB) ambient air monitoring stations located close to the Fertilizer factory captured any abnormal ammonia levels. “The data showed the levels within the permissible limits”.

4. It was also mentioned in the newspaper report that some of the local residents informed that the leak this time was substantial causing severe eye irritation and breathing trouble. A Senior Advocate Mr. T.K. Ram Kumar, former Chairman of Local Area Environment Committee appointed by the Hon‟ble Supreme Court Monitoring Committee for hazardous waste monitoring in Manali Industrial area, told the reporter that the latest ammonia leak from Madras Fertilizers