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Court On Its Own Motion Petitioner v. Union Of India & Ors. S

Jharkhand High Court

Jan 20, 2016

Judgment

CaseIQ

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Factual and Procedural Background

The High Court of Jharkhand took suo motu cognizance of a news report published in the Hindustan Times on 23rd February 2014, highlighting the devastating effects of radiation from uranium mining operations on the environment and population of Jadugora village, East Singhbhum district, Jharkhand. Approximately 50,000 people, primarily from tribal communities, were reported to suffer from serious radiation-related health issues linked to the uranium mining activities of Uranium Corporation of India Limited (UCIL).

Following this, on 28th February 2014, the Court issued notices to ten authorities, particularly directing respondent nos. 2 and 3 to respond regarding safety measures for workers and the local population, and to report on steps taken to prevent radiation's effect on health and environment. Subsequent directions on 14th March 2014 mandated implementation of safety measures as per the Supreme Court judgment reported in (2013) 1 SCC 620.

On 7th August 2014, the Court ordered a detailed inspection by a team constituted by respondent no. 2, including experts and doctors, to assess radioactive materials, radiation levels, safety measures, and health impacts in and around the uranium mines and tailing ponds. The matter was adjourned for three months but was not listed thereafter for further hearing.

On 16th December 2015, another news report in the Times of India alleged radioactive leaks from the Jaduguda mine causing health and environmental hazards, citing studies from 2004 and 2009 indicating elevated radiation and toxin levels. The nuclear establishment and UCIL disputed these claims, asserting the safety of operations.

Respondent nos. 2, 3, and 9 filed counter-affidavits denying the allegations, presenting medical and demographic surveys conducted around the mines, asserting compliance with safety regulations under the Atomic Energy Regulatory Board and other statutory frameworks, and maintaining that the reports lacked scientific basis. The Pollution Control Board also confirmed issuance and renewal of environmental clearances and consents to operate.

Legal Issues Presented

Whether the radiation and radioactive waste from uranium mining operations at Jaduguda pose a significant health and environmental risk to the local population.
Whether the safety measures and regulatory standards prescribed by the Atomic Energy Regulatory Board and other authorities are being adequately implemented by UCIL.
Whether an independent, expert survey is necessary to objectively assess the radiation impact and enforce appropriate remedial measures.

Arguments of the Parties

Petitioner (Court on its own motion)

Initiated proceedings based on media reports alleging serious radiation hazards affecting tribal populations and environment due to uranium mining.
Emphasized the need for investigation and compliance with safety standards to protect health and environment.
Directed inspections and surveys to assess the situation and ensure remedial action.

Respondents (Union of India, UCIL, Pollution Control Board)

Denied the allegations made in media reports, contending the reports lacked scientific foundation.
Presented medical and demographic surveys indicating no adverse health effects attributable to radiation.
Asserted adherence to safety standards and regulatory approvals under Atomic Energy Radiation Protection Rules, 2004, and other relevant guidelines.
Highlighted issuance and renewal of environmental clearances and consents to operate by the Pollution Control Board.
Maintained that UCIL’s operations are safe and compliant with industrial and radiological safety norms.

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
(2013) 1 SCC 620	Implementation of safety measures in uranium mining operations	The Court directed respondent authorities to ensure strict compliance with the safety standards indicated in this Supreme Court judgment for uranium mining in Jadugoda and surrounding areas.

Court's Reasoning and Analysis

The Court’s analysis commenced with taking suo motu cognizance of published reports alleging serious radiation hazards from uranium mining affecting health and environment. It recognized the conflicting views between media reports and official responses, including scientific surveys and regulatory compliance assertions by UCIL and government bodies.

Given the seriousness of the allegations and the divergence of opinions, the Court emphasized the necessity of an independent and expert-led fresh survey to objectively assess the current radiation levels, health impacts, and environmental risks. This approach would facilitate an evidence-based determination and guide any necessary remedial measures.

Therefore, the Court directed the Department of Atomic Energy to identify an appropriate independent expert organization to conduct this survey and submit a report for the Court’s consideration. This step reflects the Court’s commitment to scientific and impartial evaluation before issuing further directions.

Holding and Implications

The Court directed the Department of Atomic Energy, Government of India, to suggest the name of an independent expert body to conduct a fresh, objective survey regarding radiation risks and health/environmental impacts from uranium mining at Jadugoda. The Court scheduled the matter for listing on 20th January 2016 for further consideration based on the expert report.

The direct effect of this decision is the revival of the Public Interest Litigation with a mandate for independent scientific inquiry, ensuring that subsequent actions are grounded in objective evidence. No new legal precedent was established; rather, the Court prioritized fact-finding to reconcile conflicting claims and safeguard public health and environment.

Show all summary ...

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W.P.(PIL) No. 1188 of 2014

---

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^rdFebruary, 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^thFebruary, 2014, notices were ordered to be issued to the ten different authorities mentioned in the cause title of the

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^thFebruary, 2014. On the next date i.e. 14^thMarch, 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^thAugust, 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 radio- active 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

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^thDecember, 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

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

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 23.02.2014 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 2002. 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 2001-2002.

6. 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 23.02.2014, 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

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 23.02.2014 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 16.12.2015, it is necessary to revive the Public Interest Litigation in which suo motu cognizance was taken by this Court vide order dated 28.02.2014. As it appears from the record that lastly the matter was taken up on 07.08.2014 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, live- stock, 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

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 20.01.2016. To be listed amongst first ten cases.

(Virender Singh, C.J.) ( P.P. Bhatt, J.)

APK/SB