Saturday, April 22, 2017
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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
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 ?
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