Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(NGT) 1820

NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. AMIT STHALEKAR, J, DR. VIJAY KULKARNI, EM
NEW ITEM TITLED MICROPLASTIC IN WEST BENGAL DIGHA AND ODISHA PURI SEAWATER AT ALARMING LEVELS APPEARING IN THE TIMES OF INDIA DT 04 08 2024 – Appellant
Versus
CENTRAL POLLUTION CONTROL BOARD – Respondent
Original Application No.202/2024/EZ | Earlier O.A. No.1064/2024/PB

Advocates:
For the Appellants/Petitioners: Suo Motu
For the Respondents: Mr. Sibojyoti Chakraborty, Ms. Amrita Pandey, Ms. Papiya Banerjee Bihani, Mr. Bimbisar Dash, Mr. Amitesh Banerjee, Mr. Sudip Kumar Dutta

The Tribunal mandated stringent enforcement of plastic waste regulations and proactive measures to address microplastic pollution at coastal beaches, emphasizing the importance of public awareness and regulatory compliance.

Headnote:(A) Environmental Laws - Plastic Waste Management Rules, 2016 - Microplastics in coastal waters - Suo Motu action initiated by NGT over alarming levels of microplastic contamination in Digha and Puri - Evidence presented showed hazardous microplastics threatening marine life and health of visitors - Respondents directed to implement strict regulations to curb plastic use at beaches - Recommendations included awareness initiatives, enhanced monitoring, and enforcement of existing regulations. (Paras 1-36)

(B) Enforcement - Importance of monitoring - The enforcement of rules at source is crucial to preventing plastic ingress into beaches - Establishment of a Task Force recommended for monitoring and restrictions on prohibited plastic items in tourist areas. (Paras 33-34)

Facts of the case:
The case arose from a news report detailing significant microplastic contamination in Digha and Puri seawater, highlighting concerns about its effect on marine ecosystems and human health. Microplastics were identified as originating from various sources, including tourism and urban runoff, with findings of alarming average densities in seawater and sediments. (Paras 2-6)

Findings of Court:
The Tribunal directed state authorities to enforce regulations by ensuring the removal of microplastics, conducting regular assessments, and facilitating public awareness campaigns regarding the dangers of microplastics. (Paras 34-36)

Issues: Key issues include evaluating the effectiveness of current plastic management legislation and identifying enforcement mechanisms to control plastic pollution in coastal areas. (Paras 33-34)

Ratio Decidendi: The Tribunal emphasized the need for proactive measures and compliance with existing environmental guidelines, noting that without strict enforcement at points of entry for visitors, efforts to mitigate microplastic pollution would be insufficient. (Paras 33-34)

Result: Directions issued to state authorities for enhanced microplastic management and stricter enforcement of regulations.

ORDER

1. Affidavit dated 28.04.2025 has been filed by the Respondent No.2, West Bengal Pollution Control Board; the same is taken on record.

2. Affidavit dated 28.04.2025 has been filed by the Respondent No.7, District Magistrate, District- Purba Medinipur; the same is taken on record.

3. Another affidavit dated 28.04.2025 has been filed by the Respondent No.7, District Magistrate, District- Purba Medinipur; the same is taken on record.

4. Mr. Amitesh Banerjee, learned Senior Counsel assisted by Mr. Sibojyoti Chakraborty and Mr. Sudip Kumar Dutta, learned Counsel inform that due to personal difficulties, the District Magistrate, District- Purba Medinipur could not be present today in Virtual Mode.

5. Since affidavits have been filed by the District Magistrate, Purba Medinipur, we dispense with the personal appearance of the District Magistrate for future unless specifically required by the Tribunal.

6. Pleadings are complete.

(Final order of the said case will be uploaded in NGT website by separate sheets of paper).

ORDER

1. The Original Application was registered suo-motu by the New Delhi Bench of the National Green Tribunal on the basis of a news item titled “Microplastic is West Bengal’s Digha and Odisha’s Puri seawater at alarming levels” appearing in the Times of India dated 04.08.2024.

2. The matter relates to the alarming levels of microplastics found in the coastal waters and sediments of Digha in West Bengal and Puri in Odisha, two of Eastern India’s popular beach destinations. As per the article, a recent study by the Centre’s Science & Engineering Research Board has raised serious concerns about the impact of microplastics on marine life and the health of millions of visitors.

3. The news item highlights that the research found an average of 5.3 microplastic items per litre of water on the Digha beach and 6.4 microplastic items per litre on the Puri beach. It states that the sediments revealed even more troubling data, with Digha recording 173.4 items per kg and Puri reaching 190.4 items per kg. It alleges that these numbers suggest that plastic pollution is a growing crisis in these coastal regions, potentially affecting the future of these tourist spots.

4. Furthermore, the news item emphasizes that the presence of microplastics poses a grave threat to the delicate marine ecosystem, with potential consequences for the countless creatures that call these waters home. It also compromises tourists' safety and health as microplastics can enter the food chain.

5. The news item further explains that microplastics are tiny plastic particles less than 5mm in size, originating from stuff like polythene bags, bottles, microbeads in personal care products, cigarette filter tips, synthetic fabrics, vehicle tyres, industrial waste, fishing gear and paints. The study identified polyethylene, a common plastic used in bags and packaging, as the most prevalent type of microplastic. It poses significant risk to marine life because of its abundance and persistence in the environment. Moreover, it is highlighted that marine creatures often mistake microplastics for food, which can cause physical harm, blockages and exposure to toxic chemicals. Fish, sea turtles and seabirds are particularly vulnerable. Microplastics can also carry harmful chemicals absorbed from surrounding water. Tourists and locals in Digha and Puri may also ingest microplastics while having their favourite seafood, leading to potential health issues. Microplastics affect fish reproduction, reducing fish populations and impacting consumers and fishermen. Additionally, uncontrolled tourism development from Haldia to Puri and direct release of industrial effluents into rivers contribute to this problem.

6. The Odisha State Pollution Control Board, Respondent No.3 has filed affidavit dated 06.12.2024 and it is stated that the State Pollution Control Board operates a Coastal Management Cell under the Integrated Coastal Zone Management Programme (‘ICZMP’ for short). It is stated that

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