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Judgment
This OA is registered suo motu on the basis of the news item titled "Four suffocate to death cleaning sewage plant in Mumbai’s Virar" appearing in ‘The Times of India’ dated 10.04.2024.
The news item relates to the death of four men, all in their early 20s, due to suffocation after inhaling toxic gases while cleaning a private sewage treatment plant in a residential township in Mumbai’s Virar. As per the report, two other workers who went near the plant to look for the four men also complained of uneasiness and needed treatment. The supervisor of the agency that was carrying out the maintenance work was arrested for causing deaths due to negligence.
Learned Counsel appearing for Maharashtra Pollution Control Board, on advance notice, submits that the FIR has been registered but he fairly admits that no compensation has been paid to the family members of the deceased victims. The news item also does not reveal any step for payment of compensation.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of the Scheduled enactment.
Power of the Tribunal to take up the matter suo-motu 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.
Hence, we implead the following as respondents in the matter:
(1). Central Pollution Control Board through its Member Secretary.
(2). Maharashtra State Pollution Control Board through its Member Secretary.
(3). District Collector/District Magistrate, Mumbai
Learned Counsel appearing for Respondents No. 1 and 2 have sought three weeks’ time to file their report. Let the same be filed before the appropriate Bench of the Tribunal.
Let notice be issued to Respondent No. 3 for filing the response before the appropriate Bench of the Tribunal.
Since the matter relates to the Western Zonal Bench of the Tribunal, therefore, OA is transferred to the Western Zonal Bench, Pune for appropriate further action. Let the original record of the OA be transferred to the Western Zonal Bench.
List before the Western Zonal Bench at Pune on 28.05.2024.