HIKAL LTD. Vs. UNION OF INDIA

JUDGEMENT

(1.) The challenge raised in this writ petition, filed under Article 226 of the Constitution of India, is to the order dated 18 th January 2022 passed by the Principal Bench of the National Green Tribunal, New Delhi taking suo motu cognizance of a newspaper report dated 7 th January 2022 published in daily "The Indian Express" reporting the death of six persons and rendering about twenty persons to be sick in view of a gas leak at the industrial area in Surat. The petitioner has also challenged the order dtd. 23/9/2022 passed by the Principal Bench, National Green Tribunal, New Delhi, wherein the report of the Joint Committee that was constituted pursuant to the earlier order dtd. 18/1/2022 came to be considered and various directions came to be issued. During pendency of the writ petition, another order dated 24 th March 2023 passed by the Principal Bench, National Green Tribunal, New Delhi issuing further directions in the matter of compensating victims of the said gas leak is also under challenge by amending the writ petition. The petitioner further seeks a declaration that the Principal Bench, National Green Tribunal, New Delhi lacks territorial jurisdiction to hear Original Application No.5 of 2022 as well as Miscellaneous Application No.46 of 2022 since it is only the Western Zone of the said Tribunal that has territorial jurisdiction to consider the proceedings.

(2.) By an interim order dtd. 24/3/2023, the parties to the writ petition were directed not to act upon the order passed by the Principal Bench, National Green Tribunal, New Delhi accepting the reports dtd. 31/5/2022 and 4/6/2022 for a period of one week. The said interim order was continued by the orders dated 30 th March 2023, 13/4/2023, 25/4/2023, 14/6/2023 and 7/7/2023. Though the writ petition was to be considered on 21/7/2023, it was placed before the Court only on 6/12/2023 for considering Interim Application (Lodging) No.30428 of 2023 moved by the second respondent-Gujarat State Pollution Board for vacating the interim order dated 24 th March 2023. The Court observed that from the record it could be seen that the interim order dtd. 24/3/2023 was not continued after 21 st July 2023. On that premise, it was held that the prayer for vacating the interim order would not arise and hence no orders were required in that regard. The said Interim Application was disposed of.

(3.) To consider the issue with regard to the maintainability of the writ petition in the light of the objection as taken, it would be necessary to briefly refer to the relevant facts giving rise to the present proceedings. It is the case of the petitioner that it is engaged in the business of manufacture and sale of Agro Chemicals and Pharmaceuticals having its Units at Taloja and Mahad within the territorial jurisdiction of this Court. It also has its units in the State of Gujarat and Karnataka. On 30 th December 2021, the petitioner claims that Sangam Enviro Pvt. Ltd. approached it with a view to process and sell NaHS 16-18% Solution to industries in Gujarat and Rajasthan. Accordingly, the petitioner supplied the aforesaid Solution from its Plant at Taloja. On 6 th January 2022, at about 4:00 a.m., the tanker that was carrying the said Solution discharged liquid chemicals into a stream at Sachin, Gujarat Industrial Development Corporation, Surat. As a result of such discharge, six persons lost their lives while about twenty others suffered injuries. This incident was reported in the newspapers on 7 th January 2022. The seventh respondent - Brackish Water Research Centre filed Original Application No.5/2022 before the Western Zone of the National Green Tribunal ("NGT"), Pune drawing it's attention to the aforesaid incident since the said incident had occurred within it's territorial jurisdiction. The Principal Bench of NGT, New Delhi took suo motu cognizance of the newspaper report dated 7 th January 2022 and issued notice to the Central Pollution Control Board; Collector and District Magistrate, Surat, Gujarat; Maharashtra Pollution Control Board as well as the seventh respondent. The suo motu proceedings were registered as Original Application No.5/2022.