SC not to interfere with NGT order on PVC pipes containing lead

The Supreme Court today said it was not inclined to interfere with the National Green Tribunal's order keeping in abeyance its interim direction to publish a warning on the Polyvinyl Chloride (PVC) pipes containing lead, that it has hazardous effect on human health.

However, a bench comprising Justices A M Khanwilkar and Indu Malhotra granted liberty to the petitioner to approach the NGT and raise his grievance before the tribunal.

Senior advocate Vikas Singh, appearing for petitioner lawyer Ashwini Kumar Upadhyay, questioned the NGT's May 2 order and said it was noted in earlier orders of the tribunal that lead was not being used globally due to its harmful effect on health.

"Lead cannot be used and its phasing out is 100 per cent confirmed," Singh told the bench.

The apex court observed that the order which was challenged before it was an "interim order" and the petitioner could approach the tribunal on the issue.

The bench, while disposing of the plea, said after the petitioner approaches it with his grievance, the NGT may consider passing appropriate orders after giving opportunity to all the parties.

During the hearing, the petitioner also referred to the earlier orders passed by the NGT in the matter.

The NGT had on May 25 last year directed the Ministry of Environment and Forests (MoEF) to lay down standards within four months for using lead in PVC pipes, in consultation with the Bureau of Indian Standards, after it was apprised that the water passing through such pipes which was commonly used in most buildings might contain toxic materials like lead.

The NGT verdict had come on a plea by NGO Jan Sahyog Manch seeking directions to take remedial and preventive steps regarding environment and ecological damage caused by the use of lead in the manufacturing of PVC pipes and other products.

On January 24 this year, the NGT was told by MoEF that compliance of the May 25 last year's order would be achieved in "true spirit and substance" within the next six months.

Noting the submissions, the NGT had directed the MoEF to issue directions to the industries to publish a caveat with each product of PVC pipes containing lead, which were going to be phased out, that it contains lead which was harmful to health.

On May 2, some plastic manufacturing units had moved the tribunal saying the earlier order was passed without hearing them as they were not party to the proceedings, following which the NGT kept its order in abeyance and sought a report from the MoEF.

The petitioner before the apex court had claimed in his plea that the NGT's May 2 order to withdraw the direction for publishing of warning has "diminished and whittled down" the effect of its judgement as it has attained finality.

Upadhyay had said that publishing of the warning was the only safeguard to protect people from adverse health effects of lead-contaminated water.