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Judgment
This Original Application under Section 14 & 15 has been registered suo-motu pursuant to a newspaper report published in ‘Indian Express’ dated 30.11.2023 reporting that a major fire broke in a chemical plant in Surat City on 29.11.2023 wherein 24 workers got injured and three were admitted in hospital in critical condition.
Report was sought by office before placing matter before Tribunal. Pursuant to that an Action taken report has been submitted by Gujarat Pollution Control Board (hereinafter referred to as ‘GPCB’) verifying that fire incident occurred at the premises of M/s Aether Industries, a Synthetic Organic Chemical located at Plot No. 8203, GIDC - Sachin - 394 230, Ta - Chorasi, Distt – Surat on 29.11.2023. The unit had an Environmental Clearance (hereinafter referred to as ‘EC’) dated 05.11.2020 from State Level Environment Impact Assessment Authority, Gujarat (hereinafter referred to as ‘SEIAA, Gujarat’), and Consent to Operate/Authorization, valid upto 06.04.2028. The inquiry with regard to cause of incident is in process but it is suspected that fire may have broken due to leakage of gasket of Tetra Hydro Furan storage tank (capacity 25 KL). The report also shows that seven dead bodies were found within affected area and an interim environmental compensation of Rs. 50 Lakh was imposed by GPCB which has been deposited by the Project Proponent. Report also shows some violation of environmental laws on the part of Project Proponent.
Shri Raj Panjwani, Learned Senior Counsel has put in appearance on behalf Project Proponent and Mr. Maulik Nanavati, Advocate has put in appearance on behalf of GPCB.
Considering the fact that prima-facie violations of environmental laws resulting in fire incident in which 7 people have died at the time when action taken report was submitted and we are informed by Learned Counsel for Project Proponent that one more person has died therefore, total 8 people have died, a substantial question relating to environment has arisen for the purpose of adjudication of issue, let following be impleaded as respondents:-
(i) State of Gujarat, through the Chief Secretary, 5th Floor, Block No. 1, Sardar Bhavan Sachivalaya, Gandhinagar, Gujarat
(ii) Gujarat Pollution Control Board, through its Member Secretary, Paryavaran Bhavan, Sector – 10A, Gandhinagar – 382 010
(iii) Director, Industrial Safety and Health, 3rd & 5th Floor, Shram Bhavan, Nr. Gun House, Khanpur, Ahmedabad, Gujarat (hereinafter referred to as ‘DISH’)
(iv) M/s Aether Industries Ltd., Plot No: 8203, Sachin GIDC, Sachin - 394230, Tal: Chorasi, Dist: Surat
The office is directed to issue notice to all the aforesaid respondents except Project Proponent and GPCB who are already represented. They may file their response within three weeks.
Since the matter relates to State of Gujarat which comes within the jurisdiction of Western Zone Bench of the Tribunal, office shall transmit record of the matter to Western Zone Bench, Pune for further proceedings.
List this matter before Western Zonal Bench, Pune on 10th January, 2024.