JUDGEMENT
VIRENDER SINGH,J. -
(1.) The instant Public Interest Litigation is on Board since the year 2014 when vide an order dated 28.02.2014, the Court had taken suo motu cognizance of the report published in 'The Hindustan Times' dated 23.02.2014 (Ranchi Edition) with regard to devastating effect of Radiation emanating from the mining of uranium on environment in village Jaduguda, District -East Singhbhum in the State of Jharkhand. Jaduguda was projected as "nuclear grave yard" affecting right to life and personal liberty. The Court vide its detailed order taking metric of the many diseases which could occur because of the uranium mining, reference thereto made in the said order, issued notice to the respondents to file a detailed report including the safety measures taken in mining of uranium in village-Jaduguda and surrounding areas. Pursuant to the said order, certain reports were placed before the Court. Once again, a news item was published in 'Times of India' dated 16.12.2015 (Ranchi Edition) indicating that the radioactive waste coming out of three Uranium Corporation of India Limited owned Uranium Mines, had put about 50,000 people in Jharkhand at risk, mostly belonging to tribal community resulting into many diseases, reference there also made in the order dated 16.12.2015. Once again we directed the Department of Atomic Energy, Government of India, New Delhi to suggest the name of such Organization/Expert Body which could take the task of carrying out fresh survey so that objective analysis could be made by such Expert Body for the consideration of the Court and further direction, if any, required. It is thereafter, on the basis of the supplementary affidavit filed by the Department of Atomic Energy, Union of India an expert committee in the field for carrying out the fresh survey was constituted. A detailed report of Expert Body has now been filed, copy thereof also handed over to Mr. Krishna Murari, Advocate, who is assisting this Court as Amicus Curiae and he after perusing the same, states that the report indicates the situation by and large satisfactory. He states that the Expert Team has however, made certain recommendations, available on page 58 of the said report, falling under the Head '7'. Those are as under :
1) The fencings, gates and security arrangements for tailings pond needs to be strengthened, maintained and regularly inspected to prevent inadvertent entry of public.
2) The pipelines carrying tailings from the mill to tailings pond should be effectively maintained and inspected to minimise any possibility of leakage. Preventive measures should be strengthened to restrict public from coming too close to these pipelines.
3) The transport mechanism of ore and mill tailings needs to be further strengthened including effective covering of the trucks to eliminate spillages.
4) UCIL is collecting considerable amount of observational data on radiation parameters in operational areas and environmental matrices. These data should be put in public domain.
5) In the ongoing health camps and community development activities, awareness about radiation and healthy habits should be imparted to the public.
6) Regular interaction should be undertaken in the form of workshops, seminars, lectures etc involving villagers, students and teaching community, responsible citizens, medical practitioners, legal professionals, policy makers, media personnel, bureaucrats etc regarding radiation and its health effect to give a proper perspective on radiation risk.
7) Some spokespersons from the community should be identified who can speak with knowledge and authority on health effects of radiation whenever such issues arise.
8) Implementation of the recommendations of this Committee needs to be monitored periodically."
(2.) Learned Amicus Curiae states that a direction may be issued to the respondent -UCIL to comply with the recommendations of the Expert Team without any waste of time.
(3.) It appears to us that the recommendations made are based on ground level survey therefore, to be complied with forthwith. Let necessary action be taken in this regard by respondent -UCIL without any waste of time preferably within eight weeks.;
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