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Judgment
This OA has been registered in suo-moto exercise of powers on the basis of the newspaper report dated 10.10.2023 published in the Times of India titled “TN cracker unit blast kills 10, owner arrested”. As per the said news report, an explosion followed by a massive fire took place at a fire cracker factory in Ariyalur District of Tamil Nadu and in that incident, 10 workers including three women were killed and 13 others were injured. The report states that the explosives stored in the unit’s godown continued to detonate for nearly an hour and various vehicles were also destroyed and sheds meant for the workers were reduced to ruins.
On advance notice, the report on behalf of Tamil Nadu Pollution Control Board has been filed which discloses that the explosion had taken place at M/s Deepam Fire Works located at SF. No. 42/6C Veragalur Village, Ariyalur Taluk, Ariyalur District and the unit was owned by Thiru K. Rajendiran. As per the report, the license of the unit was renewed upto 2023. The date upto which the license was renewed has not been disclosed, therefore, it is not clear as to whether the unit was having a valid license on the date when the incident took place. The report makes following observations:-
“a) The factory buildings were found to be completely damaged and remains unaltered.
b) The unit has not applied for consent of the Tamil Nadu Pollution Control Board under the Water (P & CP) Act and the Air (P&CP) Act.
c) As the unit does not require water in its process, the unit does not generate wastewater and also does not letout any process emission.
d) Sri Muthulakshmi Ammal School and Ariyalur to Thanjavur National Highwaysare located beyond 230 meters from the unit M/s.Deepam Fire Works.
e) The Veragalur Village hamlet is located beyond 350 meters from the unit.
f) The unit is surrounded by dry agriculture land on all sides.”
Learned Counsel for the Tamil Nadu Pollution Control Board submits that a sum of Rs. 3 Lakhs has been disbursed by the State of Tamil Nadu for the family members of the deceased workers, Rs. 1 lakh to the injured and Rs. 50,000/- each to those who have received minor injuries.
Tribunal in OA 44/2021 dated 16.05.2023 found it is necessary to ascertain the status of compliance of the safety norms under Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 (“the 1989 Rules”) and Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996 (the 1996 Rules”) relief to the victims, restoration of environment and precautions to prevent recurrence in future.
In view of above, we deem it proper to implead following respondents in the matter:-
i. Central Pollution Control Board through its Member Secretary
ii. Tamil Nadu Pollution Control Board through its Member Secretary
iii. District Collector/District Magistrate, Ariyalur, Tamil Nadu
iv. M/s Deepam Fire Works located at SF. No. 42/6C Veragalur Village, Ariyalur Taluk, Ariyalur District through Thiru K. Rajendiran
The Office is directed to serve the notice on the above respondents, if not already served.
Counsel for the Tamil Nadu PCB seeks four weeks’ time to file further report in the matter.
Since the matter relates to the Southern Zone Bench, Chennai, therefore, it is transferred to the Southern Zone Bench for appropriate further action.
List this matter on 12.01.2024 before the Southern Zone Bench.