SC to hear plea challenging NGT order on PVC pipes containing lead

The Supreme Court today agreed to hear a plea challenging a National Green Tribunal order staying its direction to publish a warning on Polyvinyl Chloride (PVC) pipes containing lead that it has hazardous effect on human health.

A bench of Justices A M Khanwilkar and Navin Sinha said it would hear on May 25 the plea filed by lawyer Ashwini Kumar Upadhyay seeking setting aside of the NGT's May 2 order.

The green panel on May 25 last year had 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 informed that water passing through such pipes commonly used in most buildings may contain toxic materials like lead.

The judgement had come on a plea filed 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, the NGT was told by the 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 directed the MoEF to issue directions to the industries to publish a caveat with each product of PVC pipes containing lead, which are going to be phased out, that it contains lead which is harmful to health.

Later, on May 2, some plastic manufacturing industries moved the tribunal saying the 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.

Today, senior advocate Vikas Singh, appearing for the petitioner, said 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.

"The tribunal through the impugned order has sought to remove its direction passed on January 24 enabling PVC manufacturers to again operate without any caveat whatsoever and in fact permitting such manufacturers to keep the public at large in the dark about the harmful effects of such PVC products containing Lead, which have been scientifically found to be dangerous and hazardous to the environment as well as to the public at large," the plea said.

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