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2024 Supreme(Online)(NGT) 3554
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, Adv. (with Mr. Mehul Bhardwaj, Adv.), Ms. Parul Bhadoria, Adv., Mr. Rohit Sharma, Adv., Mr. Yadvendra Yadav, Adv., Dr. Sapna Aggarwal, Adv.
Food processing units must ensure ventilation, gas detectors, mechanized cleaning, and compliance with chemical safety rules to prevent asphyxiation deaths from putrefaction gases; regulators to form taskforces and frame guidelines.
Headnote:(A) Environment (Protection) Act, 1986 - Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989; Chemical Accidents (Emergency Planning, Preparedness, and Response) Rules, 1996 - Food processing industry - Asphyxiation deaths of five workers due to toxic gases (methane, propane, hydrogen) from putrefaction of papaya residues in unventilated underground storage tank during manual cleaning - Lapses: no ventilation, no safety equipment, untrained workers, no gas detectors, no supervisor - Tribunal took suo motu cognizance on news report, constituted Joint Committee which found violations including dismantled effluent treatment plant, improper hazardous chemical storage - Directions issued for guidelines on environmental management in food processing industries, strict compliance with MSIHC and CAEPPR Rules, constitution of State/District taskforces, mechanized cleaning, ventilation, gas monitors - Application disposed of with remedial measures. (Paras 1-22)
(B) Employees Compensation Act, 1923 - Compensation - Substantial amounts (approx. Rs.24-28 lakhs per deceased) paid by industry and State schemes; no further enhancement directed as statutory mechanisms in place. (Paras 12, 15, 21)
Facts of the case:
Suo motu Original Application initiated on news report of five workers dying from toxic gas inhalation while manually cleaning empty underground papaya storage tank in food processing unit on festive holiday; unit sealed post-incident; Joint Committee reported safety/ environmental violations including no ventilation in storage shed, dismantled ETP, untreated effluent discharge.
Findings of Court:
Incident due to accumulation of toxic gases from putrefaction in closed unventilated shed; multiple regulatory lapses by unit; directions for safety upgrades, compliance with chemical safety rules, guidelines framing; clean-up under polluter pays; taskforces for emergencies.
Issues: Cause of deaths and responsible lapses; adequacy of compensation; compliance with chemical safety and pollution control norms; preventive measures for food processing units.
Ratio Decidendi: Food processing units handling processes generating toxic gases must ensure ventilation, gas monitoring, mechanized cleaning, worker training, PPE; strict adherence to MSIHC/CAEPPR Rules mandatory; regulators to enforce via taskforces; environment compensation recoverable under polluter pays for violations.
Result: Original Application No.125/2023 (CZ) along with I.A. No.11/2024 disposed of with directions. (Para 22)
| Table of Content |
|---|
| 1. workers died from toxic gases in papaya storage tank. (Para 1 , 2) |
| 2. closure, criminal case, effluent violations enforced. (Para 3) |
| 3. msihc and caeppr rules apply to hazardous chemicals. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. industry denies liability, claims worker negligence. (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. mandate ventilation, mechanized cleaning, gas monitors. (Para 18 , 19 , 20) |
| 6. frame guidelines, constitute taskforce, dispose oa. (Para 21 , 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 that the papaya storage shed has locked since the day of incident to day of
