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Editor: Nagaraja.M.R.. Vol.13..Issue.17….….29 / 04 / 2017
Editorial : RIP Harshal
PIL – Young Boy HARSHAL ’s Death due to Industrial Waste
IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION
CRIMINAL WRIT PETITION NO. OF 2017
IN THE MATTER OF
NAGARAJA . M.R
editor SOS e Clarion of Dalit & SOS e Voice for Justice
# LIG 2 , No 761 ,, HUDCO First Stage , Laxmikantanagar ,
Hebbal , Mysore – 570017 , Karnataka State
District Pollution Control Board officer , Mysuru
Joint Director , Department of Industries , Mysuru
Joint Director , KIADB , Mysuru
Deputy Commissioner , Mysuru
PETITION UNDER ARTICLE 12 to ARTICLE 35 & ARTICLE 51A OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF A WRIT IN THE NATURE OF MANDAMUS UNDER ARTICLE 32 & ARTICLE 226 OF THE CONSTITUTION OF INDIA.
Hon’ble The Chief Justice of India and His Lordship’s Companion
Justices of the Supreme Court of India.
The Humble petition of the Petitioner above named.
MOST RESPECTFULLY SHOWETH :
1. Facts of the case:
Young boy HARSHAL died by burn injuries caused by industrial waste in mysuru , Karnataka.
During planning of Industrial Areas in Mysuru , waste dumping yards were NOT planned suitably and NOT allocated sufficient lands for the same , keeping in view industrial requirements 20 years down the line.
It is like building a house without toilet.
It is criminal negligence of duty by KIADB , Industries department officials who planned and approved development of these industrial sites.
It is criminal negligence of duty by District Industries department who gave license to these industries in the beginning without physically verifying about the waste disposal methods of these industries.
It is criminal negligence of duty by Karnataka state pollution control board officials who gave No Objection Certificate to these industries in the beginning without physically verifying about the waste disposal methods of these industries.
It is criminal negligence of duty by Karnataka state pollution control board officials , District Industries department officials who are renewing License / No Objection Certificate to these industries annually , without physically verifying about the waste disposal methods of these industries.
It is criminal negligence of duty by Deputy Commissioner , Mysuru District to ensure adherence to law by other department officials.
It is criminal negligence of duty , violation of law , CRIMES by responsible Executives / Owners of the industries who are dumping these industrial wastes in a hush hush manner.
Read details at following websites :
2. Question(s) of Law:
Is commonman’s life so cheap , dispensable ? If so , why cann’t you dispense off with the lives of children of PCB , KIADB officials , Industrialists ? Are not officials , Industrialists accountable for this criminal act of negligence ?
Requests for equitable justice , Prosecution of guilty officials , Responsible Industry owners.
Hereby , I do request the honorable supreme court of India to consider this as a PIL for : “writ of Mandamus” and to issue instructions to the concerned public servants in the present case, to perform their duties & to avert further loss of lives.
In the above premises, it is prayed that this Hon’ble Court may be pleased:
1. To order for fencing of the whole area , where industrial waste is dumped causing fire.
2. To order for 24 X 7 police vigil preventing any tress passers.
3. To order for supreme court monitored enquiry , as the industrialists are high & mighty and may manipulate the samples itself.
4. To immediately order district administration not to go ahead with spraying other chemicals over the dumping yard to neutralize the waste chemicals. As it will alter the samples and criminals , guilty industrialists will escape.
5. To order for sample collection by multiple bodies , NGOs , so that nobody can manipulate the samples.
6. After sample analysis by supreme court empanelled experts , based on expert advice steps to diffuse chemical waste must be taken.
7. To initiate criminal prosecution against public officials who planned , approved these industrial area without provision for suitable waste dumping yard.
8. To order for criminal prosecution against guilty industrialists.
9. To order for criminal prosecution against KSPCB , KIADB , Industries department officials who gave NOC , renewing licenses every year to these guilty industries.
10. To order Government of Karnataka , to pay two crores compensation to deceased boy Harsha’s family immediately and to recover it from the guilty industrialist.
11. To treat this as a PIL and to issue writ of mandamus to concerned officials in the current case.
FOR WHICH ACT OF KINDNESS, THE PETITIONER SHALL BE DUTY BOUND, EVER PRAY.
Dated : 19.04.2017……… ………………….FILED BY: NAGARAJA.M.R.
Place : Mysuru , India……………………. PETITIONER-IN-PERSON
Truth is like a bitter pill. It is tough to swallow. Mysuru, which has bagged the ‘Cleanest city’ award for two consecutive years, does not have an exclusive place for dumping industrial waste. Shocking but it’s true!
The industrial area in the Mysuru district does not have any specific place to dump the industrial waste or hazardous waste. As soon as the news of a 14-year-old boy Harshal, who succumbed with severe burns after stepping in to an open site at Sadanahalli, came to light, localites alleged that the boy may have died when he stepped in to the chemical and hazardous wastes that were dumped illegally in the open place.
City Today went on a reality check to identify where the chemical and industrial wastes are dumped in the city. We found that there is not even a single dumping yard or industrial waste disposal unit across the district.
There are over 11 industrial areas including Hebbal, Metagalli, Koorgalli, Belavadi and nearly 32,000 industries in the district but most of these industries do not have an earmarked place for dumping industrial wastes. Though there is a rule from the KIADB which states that at least 20 acres of land in all industrial area must be reserved for disposal of Hazardous waste, the concerned officials in the district have failed to act.
For more than a decade, Mysore industries Association (MIA) has been battling to bring a dumping yard in the district. In 2007, the MIA requested the KIADB to allot land to set up a waste disposal unit. However, in the year 2009, the state government allotted three acres of land near Koorgalli Industrial area and decided to grant the maintenance responsibility to MIA. But later, the KIADB handed over only part of the land from the allotted property. Realising the fact that the industrial waste can’t be disposed in the partial land, MIA requested the KIADB to at least provide 5 acre of land and the officials agreed orally. But nothing has happened so far.
Speaking to City Today, Secretary of MIA, Suresh Kumar Jain said, “There is no dumping yard or an industrial waste disposal unit in the district. Though we have met and discussed with the concerned officials to sanction a suitable place, the proposal is still in papers and hasn’t come in to force.”
“The issue was brought to the notice during single window meetings but no proper action has taken place till now,” he added.
Last year, Mysuru’s waste management scored over Chandigarh to clinch cleanest city title. It is high time for concerned officials to allot an exclusive place for dumping industrial waste in the district keeping health hazards in mind.
Mysuru, Apr 18: It has been confirmed that waste containing water sensitive chemicals had claimed the life of a boy at Naganalli in the outskirts of the city.
A team of experts, led by the district administration, which collected samples of sand from the area, has sent them for laboratory testing. The team found that the temperature of sand at the spot, which is finer as compared to sand found in other areas in the village, has brown and grey hues. Temperature at the spot stands at 110 degree Celsius, which is quite high. Chairman of Karnataka State Pollution Control Board, Laxman, said that four samples from the spot and five from other areas around it have been collected and sent for testing. Geologists and environment pollution officials were among those who visited the area.
Some villagers have complained that discharge of poisonous chemicals by some factories located near this area has caused this catastrophe. Former chief minister of the state, H D Kumaraswamy, relying on certain sources, has placed the blame on the government mint in the city for the tragedy, duly accusing it of disposing off printing chemical waste at the spot. Secretary of Mysore Industries Association, Suresh Kumar Jain, also has supported this notion. He has alleged that the association had complained about the unscientific disposal of printing chemicals by Reserve Bank of India about five years back and that the Reserve Bank neither took steps to correct its mistakes nor did it establish waste processing plant.
Some scientists attribute this phenomenon to the presence of chemicals like Phosphorous and Sodium Hydrate. There have also been chances of graphite and lead having caused the death. The experts hope to receive test reports in about two weeks time. Senior environmental officer in Karnataka State Pollution Control Board here, K M Lingaraju, said that the officials were dumbstruck about the cause of fire in an open field where garbage or chemical were not found to have been strewn around. He also added that the place is far away from proper roads and that no tyre marks were found around the area.
In the meanwhile, district in-charge minister, H C Mahadevappa, announced an ex gratia of two lac rupees to the family of Harshal (14), who died of burns during his visit to the open field for defecation on Sunday. As Manoj (17) suffered burns after sitting on a heap of sand, Harshal, who had accompanied him, had pulled Manoj out. During this effort, Harshal reportedly fell into the heap and suffered severe burns.
Harshal’s father, Murthy, who held the factories located around the area responsible for the death of his son, also criticized the officials for not doing their duty of taking steps against the guilty promptly. He wants the officials to at least wake up now to the danger posed by chemical waste and take preventive measures before the waste causes further devastation.
NSG Team in Belavatha – Radio Active Waste ?
Edited, printed , published owned by NAGARAJA.M.R. @ # LIG-2 No 761,HUDCO FIRST STAGE ,
OPP WATER WORKS , LAXMIKANTANAGAR , HEBBAL ,MYSURU – 570017 KARNATAKA INDIA
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