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Judgment
Proceedings have been initiated suo-motu on the basis of captioned media report to the effect that seven persons lost their lives while cleaning edible oil tank at the factory of Ambati Subbanna & Co. Oils Mill, PDP Road, Opposite SBI Bank, Samalkot, Andhra Pradesh, (the Project Proponent, PP).
Vide notice dated 10.02.2023, the PP, State PCB, District Magistrate, Kakinada and Director of Factories, Andhra Pradesh were put to notice of today’s hearing. Response has been filed by the State PCB, District Magistrate/Collector and DISH. No reply has been filed by the PP inspite of opportunity.
Response filed acknowledge the incident and violation of norms. The PCB has also filed report of enquiry conducted by a Committee constituted by the District Magistrate on 09.02.2023. Site visit was conducted on 10.02.2023. It is further stated that the unit is engaged in processing, storage and packaging of sesame grain and oil. It has not taken any CTE/CTO as required. It has stored oil without safeguards. There is no ETP to treat the effluent generated during steeping and washing operations. It has provided one sludge drying bed only. The unit has been storing untreated effluent in unlined lagoons. Storage of untreated wash water in unlined lagoons led to contamination of ground water. The response further mentions as follows:-
“8. Wastewater samples were collected and the results of analysis reports are submitted below:
S.No.
Parameters
Values (mg/I)
Discharge Standards
Untreated wastewater sample collected from collection pit (Gingelly Seeds
pulping)
Untreated wastewater sample collected from lagoon located at North-East corner of the plant
1.
pH
7.65
7.44
5.5 — 9.0
2.
Total
Suspended Solids (TSS)
174
160
200 mg/I
3.
Total Dissolved Solids (TDS)
2440
2420
2100 mg/I
4.
Chemical Oxygen Demand (COD)
576
412
250 mg/I
5.
Biochemical Oxygen Demand (BOD)
170
130
100 mg/I
As per the above analysis results, the concentration of Total Dissolved Solids (TDS), Chemical Oxygen Demand (COD) & Biochemical Oxygen Demand (BOD) in the wastewater are exceeding the discharge standards prescribed. A show cause notice was issued to the unit for payment of Environmental Compensation of Rs. 69,37,500/- for the period from 16.12.2017 (date of power release) to 09.02.2023 (date of accident) for non-compliance of discharge standards, based on CPCB Formula, as detailed below:
CPCB Formula for EC = PI xNxRxSx LF PI - Pollution Index (30 for green category)
N Number of days of violation (1850 days i.e., from the date of power release i.e., on 17.12.2017 to 09.02.2023.
R - Compensation Factor in Rs. (Rs. 250/-)
S - Scale of the Industry (0.5 for Small Scale)
LF - Locational Factor (1 for less than 1 million population) EC = 30*1850*250*0.5*1 = Rs. 69,37,500/-
Industrial accidents covered under Factories Act, 1948 and the Deputy Chief Inspector of Factories, Kakinada issued showcause notice to the Lesse & Lessor for launching prosecution.
Not provided manholes to storage tanks for removal & cleaning of tank bottom sediments. Improper handling of tank bottom sediments led to accidents. Spillages of tank bottom sediments were observed near the storage tanks.
12.While cleaning and removing of tank bottom sediments at tank no.5, seven workers were died on spot due to anaerobic conditions inside the tank. Oil sediment samples were collected from MS storage tank No.5 in which accident occurred and MS Drum containing oil sediment. As per the analysis results, the concentration of Sulphide (as H2S) in the MS storage tank no.5 is 1.2 mg/kg and 5.5 mg/kg in the MS Drum. As per the analysis report, it was evident that the toxic gas in the storage tank is Hydrogen Sulphide (H2S).
13.The A.P. Pollution Control Board has issued Closure Order to the industry for operating without permissions of the Board and without proper pollution control measures on 10.02.2023 and same was implemented.”
The relevant extract from the report dated 13.02.2023 are as follows:-
“5. Section 7A(2) read with Section 36 Rule 59:-
Failed to provide man hole cover of adequate size to the bottom of the edible oil storage tank of size 7.6 mt x 3mt located towards west of the factory.
Failed to take measures to remove the toxic gases or fumes that are likely to be present inside the edible oil storage tank (confined space) while allowing the workers inside
Failed to obtain a certificate in writing from a competent person confirming that the space is free from dangerous gases or fumes while allowing the workers inside the tank.
Failed to provide suitable breathing apparatus to the workers while allowing them inside the tank.
Failed to tie a rope securely around the waist of the workers the free and of which is held by a person by standing outside the tank so as to pull out the inside workers if they are in danger.
Consequently, On 09.02.2023 at about 07.00AM two workers Sri Vetchangi Kiran and Sri Vetchangi Sagar were entrusted the work of cleaning an empty oil storage tank of size 7.5 mt X 3.0 mt located towards West of the Factory. Accordingly these two workers entered the tank from top man hole cover of size 60 cm by a vertical steel ladder laid inside the oil tank for cleaning the sludge settled at the bottom of the tank. While cleaning for about five to seven minutes, the two workers reportedly experienced irritation of eyes and throat and also breathlessness and attempted to came out of the tank through the same steel ladder as no other opening has been made at the bottom. In this attempt Sri Kiran came out of the tank with great difficulty and Sri Sagar following Mr.Kiran, almost reached to top of the tank but again fell inside the tank due to exposing to toxic fumes. In order to rescue. Mr.Sagar, six other workers were allowed one after the other into the tank and all the seven workers died inside the tank due to Asphyxiation.
The details of the deceased persons are as follows.
Vetchangi Krishna Rao S/o Bonjanna, Age-36 years
VetchangiNarsinga Rao Sic) Gundanna, Age- 40 years Vetchangi Sagar Age- 23 years
Kattamuri Jagadeesh S/o Paidiraju Age- 25 years
Korra Rama Rao, Age-44 years
KurtadaBonjanna Age- 36 years
Yallmilli Vijaya Durga Prasad,S/o Nookaraju Age- 27 years
The above accident could have been averted had the above safety measures been taken.”
Response of DISH and the Collector is by and large identical. The Collector has further stated that compensation of Rs.25 lac to the heirs of each of the deceased has been announced by the State but not paid. The PP has also expressed willingness to pay same amount of compensation but so far only Rs. 50000 has been paid to each of the victims.
We have heard learned Counsel for the appearing parties and perused the record.
Question for consideration is whether a case is made out for award of compensation to the victims and for remedial measures to follow environmental safety norms.
It is seen from the material on record which is not rebutted that death of seven persons is attributable to the activities of the PP and that the PP was operating in violation of norms for which closure order has been passed under the provisions of Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution) Act, 1981.
In these circumstances, in view of law laid down in M.C. Mehta vs. UOI & Ors., (1987) 1 SCC 395, the unit is held liable to pay compensation. Heirs of the deceased are entitled to compensation under Section 15 of the NGT Act on the principle of restitution on the pattern of Sarla Verma, (2009) 6 SCC 121, read with Pranay Sethi (2017) 16 SCC 680 and Uphaar Tragedy (2014) 14 SCC 481. Such amount normally cannot be less than Rs. 20 lakhs in respect of each of the deceased but since the State/PP are committed to pay Rs. 25 lac to each of the victim, only direction required is that payment be made expeditiously preferably within one month through the District Magistrate. Director, Industrial Safety and Health (DISH) may ensure that remedial measures for following safety norms are taken to prevent such incident in future. We also request Andhra Pradesh State Legal Service Authority to provide necessary legal aid to the victims, if necesssary.
The application is disposed of.
A copy of this order be forwarded to the Chief Secretary Andhra Pradesh, MoEF&CC, CPCB, DISH, State PCB and District Magistrate, Kakinada, State Legal Service Authority and the PP by e-mail for compliance.