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Judgment
This original application has been registered in suo motu exercise of power on the basis of newspaper report published in published in “The Hindu” dated 28.08.2023 disclosing killing of 8 persons in a blast at illegal fireworks unit in West Bengal. The incident has taken place at an illegal firecracker manufacturing unit in the Mochpol area in Duttapukur Police Station limits in North 24 Parganas District of West Bengal. The report further discloses that the two-storey house where the firecrackers were allegedly manufactured came crashing in the impact of the blast.
The report clearly reveals the violation of environmental laws especially the regulations relating to handling of hazardous substances under “The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 (MSIHC Rules, 1989) issued under the Environment (Protection) Act, 1986.
Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897 has upheld the suo motu power of NGT to register a case.
Having regard to aforesaid, we form a joint Committee comprising of Petroleum and Explosives Safety Organization (PESO), Chief Fire Officer, the Member Secretary, State Pollution Control Board (SPCB), Member Secretary, Central Pollution Control Board (CPCB) and District Magistrate, North 24 Parganas District, West Bengal. The District Magistrate will act as nodal agency for coordination and compliance. The Committee will visit the site, ascertain the cause of accident and violation of environmental laws especially the MSIHC Rules, 1989 noted above and submit a report before the Tribunal within six weeks.
Since the matter relates to the Eastern Zone Bench of this Tribunal, therefore, it is transferred for listing before Eastern Zone Bench on 01.12.2023. The Registry is directed to transfer the records of this matter to the Eastern Zone Bench, Kolkata.
A copy of this order be forwarded to PESO, Chief Fire Officer, SPCB, CPCB and District Magistrate, North 24 Parganas District by e-mail for compliance.