IN THE HIGH COURT OF JHARKHAND AT RANCHI. W.P.(PIL) No of Versus-

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1 1 IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(PIL) No of Court on its own motion...petitioner -Versus- Union of India and others....respondents CORAM : HON BLE MR. JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON BLE MR.JUSTICE P.P. BHATT For the Petitioner :Mr.Ananda Sen, Amicus Curiae For Respondent-Union of India: :Mr.Rajiv Sinha, ASGI For the State: :Mr.Rajesh Shankar, Govt. Adv. For Respondent no.2/uranium Corp.of India : Mr.V.Shivnath,Sr.Advocate. For Respondent no.9/pollution Control Board :Ms. Richa Sanchita, Advocate --- Order no.06/ Dated 16th December, 2015 Per Virender Singh, C.J. The Court has taken suo motu cognizance of the news item published in 'Hindustan Times' dated 23 rd February, 2014, Ranchi edition relating to the devastating effect of radiation emanating from the mining of uranium on environment and population in village Jadugora, District East Singhbhum, in the State of Jharkhand. The radioactive waste coming out of three Uranium Corporation of India Limited (for short UCIL) owned Uranium mines has put about 50,000 people in Jharkhand at risk. The people, mostly belonging to tribal community appears to be suffering from serious radiation related health problems such as, Congenital Deformities, Cancer, Primary Sterility, Life Expectancy,Abortion, Tuberculosis, Lungs Diseases, Kidney Malfunction, Disorder and Problems of Bone Marrow, Gonads, Gastro Intestinal Mucosa, Lenses of the Eyes, Lungs, Central Nervous System, Leukemia, Skin and Thyroid, in these affected areas. 2. It appears that vide order dated 28 th February, 2014, notices were ordered to be issued to the ten different authorities mentioned in the cause title of the

2 2 said order and particularly respondent nos. 2 and 3 were directed to file their response informing the Court about the safety measures and standards adopted in respect of the workmen working in the uranium mining operation. The said respondents were also directed to file their response regarding the measures taken to prevent the effect of nuclear radiation emanating out of the mining operation, transportation and disposal of the radioactive waste on the health of the people and the environment of the surrounding area. Various other directions were also given vide initial order dated 28 th February, On the next date i.e. 14 th March, 2014, direction was issued upon the respondent nos. 1 to 3 to ensure that the safety measures indicated in the judgment of the Hon'ble Supreme Court, reported in (2013) 1 SCC 620 are strictly implemented in the mining of uranium in the village Jadugoda and surrounding areas. Lastly this matter was taken up on 7 th August, 2014 and following directions were given: In the light of the order dated 28 th February, 2014, a team constituted by the second respondent along with experts, including some doctors, made an inspection of Jadugoda Uranium Mines and also the surrounding areas and filed a detailed report. The team shall examine whether any unprocessed and processed radio-active materials are left in the pits and around and whether the area is guarded with gate or boundary wall. The team shall also examine the habitation around the tailing ponds and whether sufficient precautions are taken to prevent local resident from going near the tailing ponds. The team shall also to examine the present radiation level and also the effect of radio-activity and Gama rays and other chemicals arising out of the mining operations on health of the residents in and around the area and environment. The 2 nd respondent shall also examine as of date regrading the measures taken by the Uranium Corporation of India at Jadugoda to bring down the effect of nuclear radiation emanating out of the mining operation, transportation and disposal of the radioactive waste and also the safety measures taken in the tailing pond where the nuclear waste are restored. The 2 nd respondent shall also examine the amount of radium related heavy metals and other chemicals to go to local environment like soil, water etc. around the place of mining and whether it has affected the environment and also the health of residents in and around the area. The 2 nd respondent is at liberty to take assistance of

3 3 any expert as they deem fit. 3. The matter was adjourned to be listed after three months but thereafter this case was not listed for its further hearing. 4. Today i.e., 16 th December, 2015 a news item has been published in front page of 'Times of India', Ranchi edition, wherein, it has been reported that 'Leaking Jaduguda Mine Poses Radioactive Risk'. It is also reported that Toxins in River, Radiation in Air and that radioactive and toxic leaks from Jharkhand's Jaduguda Uranium Mine impacting health of workers and tribal in the area claims report by US News Organization, A Washington based news organization on Monday released a report that claims radioactive and toxic waste has been leaking from India's oldest and most important uranium mine, affecting people, live stock, rivers, forests and agricultural produce in the area. The report, which also appeared on an US news website, accuses India's nuclear establishment of systematically overlooking evidence that points to a radiation hazard at the Jaduguda uranium mine in Jharkhand's East Singhbhum District. It cites a 2009 study that found high level of toxins in underground water and Subernarekha river. A 2004 study by a Japanese nuclear engineer found radiation levels in villages close to mines 10 times higher than safe levels. India's nuclear establishment has refuted these studies, maintains Jaduguda operations are safe. 5. It appears that in response to the suo motu cognizance taken by the Court earlier on the basis of the news items published in 'Hindustan Times' dated 23 rd February, 2014, Ranchi edition, responses were filed by the respondent no.3, Department of Atomic Energy along with a copy of medical survey of inhabitants residing with two kilometer radius of UCIL's tailings storage pond

4 4 and health survey of villagers around Jaduguda tailings ponds by Dr. G.K. Iyer, consultant, Uranium Corporation of India Limited of September, 2002, and demographic survey of villages within 1.6 kilometers (1 mile) radius of uranium tailings ponds at Jaduguda vide Annexure 1, 2 and 3, respectively, of the counter affidavit filed by the respondent no.3. A Counter affidavit was also filed on behalf of the respondent no.9, Jharkhand State Pollution Control Board, wherein it has been stated that the Regional Officer, Jamshedpur, has reported that sample survey of the community, health status of villagers around Jaduguda, Bhatin and Bagjata mines was carried out, wherein it comes out that the villagers suffer from conventional health problems which could be seen in any village with similar socio-economic condition. It is also stated that the respondent no.2 has provided health check-up facilities to the employees by organizing health camps to the nearby villages. It is also stated that the State Pollution Control Board had issued No Objection Certificate in favour of the units of the company M/s Uranium Corporation of India Limited along with certain conditions laid down in the said certificate and has issued consent to operate in favour of the units of M/s Uranium Corporation of India Limited, which has been renewed from time to time. It is further stated the Environmental Clearance has been issued in favour of the units of the company M/s Uranium Corporation of India Limited along with the conditions mentioned therein by the Ministry of Environment & Forest, New Delhi. The Director (Technical) has filed affidavit on behalf of the respondent no.2- M/s Uranium Corporation of India Limited, inter alia, stating that the M/s Uranium Corporation of India Limited is a public sector unit under the Department of Atomic Energy and has

5 5 adopted the safety standards, procedures and operational limits as per the guidelines of Atomic Energy Regulatory Board (the Regulatory Body) which ensures the implementation of various radiation safety regulations viz. Atomic Energy Radiation Protection Rules, 2004 promulgated under the Atomic Energy, 1962 and Radiation Protection for Nuclear Facilities, Manual (Rev.4) 2008 etc. It is also stated in the said affidavit that the allegations made in the news item dated have no scientific basis. In para-9 of the said affidavit, the standards followed for general/industrial mine safety are stipulated by the Directorate General of Mines Safety (DGMS) are also mentioned and categoric averment has been made that the safety measures and standards adopted with respect to workmen, common public in the vicinity of mines and the environment and also industrial safety standards followed right from the designing of the mine and during operations as per the standard norms. It is also stated that the other radiological safety measures undertaken by UCIL are also summarized in the said counter-affidavit. It is also stated that a team of UCIL Doctors led by Dr. G.K. Iyer, an Ex-Medical Officer of BARC conducted a health survey around UCIL in It is further stated that a demographic survey of the two villages nearest to UCIL's tailings pond at Jadugoda, viz. Chatikocha and Dungridih was conducted during the year It appears that respondent Nos. 2, 3 & 9 in their counter-affidavits have denied the allegations made in the newspaper report published in The Hindustan Times dated , Ranchi edition and tried to put forward their case that the said report has no scientific basis and all required steps for protection of heath of the people residing in the said area and protection of

6 6 environment in the surrounding area has been taken by the Uranium Corporation of India Limited. Necessary approval and certification has been done. It is a public sector undertaking and all necessary clearance and approval for rendering mining operations are also given to the Uranium Corporation of India Limited. 7. They concluded from the clinical examination that there was no effect on the health of the inhabitants due to radiation and therefore, according to respondent No.2- Uranium Corporation of India Limited, the report published in the newspaper dated has no scientific basis. Since another news item relating to impact of radioactive risk in Jadugoda area has been published in the Times of India, Ranchi Edition dated , it is necessary to revive the Public Interest Litigation in which suo motu cognizance was taken by this Court vide order dated As it appears from the record that lastly the matter was taken up on but could not be listed and taken up thereafter, therefore, the respondents are required to be called upon to file their response in respect of recent news item referred above. A Washington based news organization on Monday released a report that claims radioactive and toxic waste has been leaking from India's oldest and most important uranium mine affecting people, livestock, rivers, forests and agricultural produce in the area, whereas the state-owned Uranium Corporation of India Limited and Pollution Control Board as well as the Department of Atomic Energy have refuted these allegations and maintained that Jadugoda operations are safe. Therefore, since the conflicting views are mentioned

7 7 hereinabove, we are of the view that a fresh survey is required to be undertaken by an independent body, having expertise for carrying out such study/survey and give its report so that appropriate remedial measures, if required, can be taken by the all concerned. We, therefore, direct the Department of Atomic Energy, Government of India, New Delhi to suggest name of such organization/expert body to whom a task of carrying out fresh survey can be entrusted, so that objective analysis made by such expert body can be placed before this Court for its consideration and issuance of further direction as may be required in the matter. 8. Put up this case on To be listed amongst first ten cases. (Virender Singh, C.J.) ( P.P. Bhatt, J.) APK/SB