Gujarat State Pollution Control Board & Ors. Respondent(s) Date of hearing: 24.03.2023 HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER Respondent(s): Mr. Chintan Dave, Advocate for GPCB. Ms. Manasi Joshi, Advocate for MPCB. Mr. Saurabh Kulkarni, Advocate for M/s Real Chem & M/s Jay Bajrang. Ms. Supriya Dangare, Advocate for Sahajanand Colour Yarn. ORDER Scope of today's proceedings 1. The issue for consideration is the remedial action against violation of environmental norms resulting in death of six persons and sickness of 22 others at Surat on account of unscientific and unauthorised handling of hazardous chemicals belonging to Hikal Company of Raigarh, 1 Maharashtra. It has transpired that the said company in the course of its manufacturing activities generated hazardous chemicals which were transported to Surat in terms of arrangement with Sangam Enviro Pvt Ltd for unscientific disposal to save cost of scientific incineration. Other entities party to such unscientific handling include M/s. Chemie Organic Chemicals (India) Pvt. Ltd., Raina Industries, Jay Bajrang Industries, M/s. Real Chem Co., M/s. Sahjanand Colour Yarn, all business entities in Gujarat working for commercial gain and handled hazardous chemicals against norms to the detriment and safety. Maharashtra and Gujarat State PCBs have since identified the violators and proceeded against such entities in exercise of their statutory powers. Scope of proceedings today is the final order to be passed in the light of facts that have emerged and action that has already been taken. Background leading to today's proceedings 2. The matter has been taken up today in continuation of proceedings dated 23.9.2022. The Tribunal took suo motu cognizance of the matter based on media report1 titled "Gujarat: At least 06 dead, 20 sick after gas leak at industrial area in Surat" to the effect that the incident happened due to gas leakage from a tanker outside Sachin Industrial area, Surat, leading to the workers getting suffocated. On 10.01.2022, the Registry issued advance notice for hearing to Gujarat Industrial Development Corporation, Sachin, Gujarat, CPCB, District Industrial Safety & Health Department, Govt. of Gujarat and the District Magistrate, Surat by email. 3. Vide order dated 18.1.2022, the Tribunal considered the matter in the light of response of CPCB that the incident was a result of unscientific 1 Indian Express Daily, Dated 07.01.2022 2 handling, transportation and disposal of hazardous waste in violation of Hazardous and other Waste (Management and Transboundary Movement) Rules, 2016 (HOWM Rules), Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 (MSIHC Rules), Environment Protection Act, 1986 (EP Act), Water (Prevention and Control of Pollution) Act, 1974 (Water Act), the Air (Prevention and Control of Pollution) Act, 1981 (Air Act). O.A No. 05/2022(WZ) has also been filed on the same issue. In I.A No. 08/2022 in the said matter, it was stated that Hikal Limited was operating a chemical manufacturing unit at Taloja MIDC Raigad, Maharashtra and the said company illegally sold its hazardous waste of sodium hydrosulfide to Sangam Enviro Pvt. Ltd, a Vadodara based company in Gujarat which is neither an "authorized user" or "authorized disposal facility" for Hazardous waste. The T