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2023 Supreme(Online)(NGT) 5092

NATIONAL GREEN TRIBUNAL CHENNAI (SOUTHERN ZONE BENCH)
IN RE 2 SEVERELY INJURED IN REACTOR BLAST OF PRIVATE PHARMA LTD IN ANDHRA ANAKAPALLI – Appellant
Versus
ANDHRA PRADESH STATE POLLUTION CONTROL BOARD – Respondent
89/2023 / CHENNAI



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

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