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Judgment
This original application is registered in suo-moto exercise of power on the basis of the news item titled “Battling water woes in land of tragedy” published in The Hindu dated 03.12.2023.
The news item relates to contamination of ground water in Bhopal after the gas release tragedy of 1984. As per the news item highly toxic chemicals and heavy metals over several decades have seeped to a great depths over a wide area. It records the complaint that the ground water contamination is spreading and on account of shortage of piped water at some of the places residents have to use ground water which is contaminated.
News report raises substantial issue relating to compliance of the environmental laws.
Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha &Ors.” reported in 2021 SCC Online SC 897.
In the circumstance of the case, we deem it proper to implead the following as respondents in this original application:
(i) Chief Secretary, Government of Madhya Pradesh
(ii) Central Ground Water Authority, through its Member Secretary
(iii) Madhya Pradesh Pollution Control Board, through its Member Secretary.
(iv) Central Pollution Control Board, through its Member Secretary
Let notice be issued to the above respondents to enable them to file their response before the Central Zone Bench, Bhopal atleast one week before the next date of hearing.
Learned Counsel appearing for CGWA has referred to the report filed before the Tribunal on the basis of the advance notice but the said report is based upon the study conducted in the year 2011. He has also submitted that the fresh sample from 36 sources have been taken in December, 2023 and the reports will be available within four weeks.
Let the fresh report be filed by CGWA along with the sample analysis report of fresh samples and also disclosing the area from where the samples were taken. Let the report be filed before the Central Zone Bench of the Tribunal.
Since the matter relates to the Central Zone Bench of the Tribunal, therefore, the original application is transferred to the said bench for appropriate further action. The Registry is directed to transfer the record of this matter to the Central Zone Bench, Bhopal.
List on 23.01.2024 before the Central Zone Bench, Bhopal.