SCMC REPORT ON HEMA CHEMICALS
Report of the Sub-Committee
Supreme Court Monitoring Committee on Hazardous Wastes
Hazardous Wastes of Hema Chemicals, Vadodara
By
Dr Tapan Chakrabarti (NEERI)
And
Dr Claude Alvares (The Goa Foundation)
Sub-Committee
Supreme Court Monitoring Committee
7th April 2004
Introduction:
The complaint of hazardous waste dumping by Hema Chemicals in Vadodara city was
brought to the notice of the Supreme Court Monitoring Committee by a Gujarat-based
NGO, Paryavaran Suraksha Samiti (PSS). The NGO made a detailed presentation to the
Committee on the matter, with documents.
The illegal dump comprises highly toxic hexavalent chromium wastes. A recent report of
the Gujarat Pollution Control Board has assessed quantities of hazardous wastes dumped
at the site as being in the region of some 77,000 tonnes.
The hazardous waste dump is attracted by the directions issued by the Supreme Court and
therefore the matter is taken in hand. The Sub-Committee visited the site of the hazardous
waste dump on April 1, 2004. Its report and recommendations are given below:
Facts relating to the illegal dump site:
M/s. Hema Chemical Industries, Unit No. 1 (4/13, 4/14, 3/11, 3/12, 3/12-A, B.I.D.C.,
Gorwa, Vadodara 390 016) and M/s. Hema Chemical Industries, Unit No. 2, (J/71-72,
Industrial Estate, Gorwa, Vadodara 390 016) came into existence in 1965. Since that
time, Hema Chemical Industries has operated under several different names (Hema
Chemical Industries, Unit No. I & II, Ronak Cooperation Unit No. I & II, Hema Rasayani
Pvt. Ltd. Unit No. I & II, etc.) The company ultimately merged all of its units into Hema
Chemical, Unit No.1 and 2 on 1 April 1997. Unit No.1 is located at 4/13, 4/14, 3/11,
3/12, & 3/12-A, BIDC Estate, Gorwa, Vadodara - 390 16 and Unit No. 2 is located
outside BIDC estate at J/71-72, Gorwa, Vadodara - 390 016.
The units have polluted the environment by generating hazardous solid wastes of
chromate, which is considered extremely deleterious to human health. Since the
enactment of the Hazardous Waste Rules in 1989 and until 2001, the company had
illegally disposed 77,000 tonnes of toxic chromium waste in areas neighbouring the
factory. There is no account of how much toxic chromium waste has been disposed of in
this fashion between 1965 and1989. To date, neither physical mapping nor inventory of
the toxic waste dumps has been done by the company or the statutory authorities.
The contaminated soil and groundwater has exposed the residents of the Gorwa industrial
region to dangerous toxins and thus gravely endangered their health and well-being.
Many of the bore wells in the residential areas near the factory have had to be shut down
due chromium contamination. Even a bore well located within the factory premises in
Unit II of Hema Chemicals is seriously contaminated. In fact, the company’s own
Environmental Impact Assessment study, submitted to the Gujarat Pollution Control
Board (GPCB) on 3/7/2001, shows serious chromium contamination of soil and
groundwater.
Chromium is a well known toxic substance. Bichromate, which is an hexavalent
chromium, is a human carcinogen. Its major impact is on the upper respiratory tract,
causing chronic chemical rhinitis, chronic chemical pharyngitis, nasal septum perforation.
It is known to cause lung cancer, deep and slow healing ulcers on the skin called ‘chrome
ulcers’ and pigmentation of teeth. It may cause pulmonary oedema, kidney damage,
stomach pain and allergic dermatitis. Chromic acid mist is known to cause toxic jaundice
damaging the liver.
Violations of Environment Laws:
Over the years, Hema Chemicals has dumped between three and forty feet of toxic
chromium waste in a number of places around Gorwa.
On 9/11/1994, the company was authorized (authorization No.1001) by GPCB to store
only 5 MT per day of hazardous chromium waste. On 14/10/1999, the company was
given notice to remove and encapsulate the illegal hazardous chromium waste and
directed to dispose it in the Nandesari Hazardous Waste Landfill. Again, on 17/12/1999,
the company was given clear authorization (No.1001) to encapsulate 2.5 MT per month
of hazardous waste. The company violated all of these directions and disposed of
approximately 250 MT per month of chromium waste uncontained, with no
encapsulation.
On 8/2/2000, GPCB directed Hema Chemicals to conduct an Environmental Impact
Assessment (EIA) and take suitable remedial measures for old dumps, but the company
did not obey GPCB’s directions.
Again, on 29/3/2001 the company was directed to carry out the EIA. Based on a) the
findings of the company’s EIA report (which clearly indicated chromium contamination
of ground water and soil); b) an investigation report by the Vigilance Cell of GPCB; and
c) numerous complaints from Paryavaran Suraksha Samiti, GPCB cancelled the
authorization granted to Unit II of Hema Chemicals on 25/7/2001. Unit II, where
chromate ore was crushed and roasted, was the main source of toxic chromium waste.
GPCB also directed Gujarat Electricity Board, the Vadodara Municipal Corporation and
Baroda Industrial Development Corporation to disconnect the electricity and water
supply to this unit on 3/8/2001. This direction was implemented only on 17/8/2001. The
power and water supply to Unit II was disconnected for a mere 24 hours and reconnected
the following day.
The owner of Hema Chemicals appears to be politically influential and is able to use his
political links to disregard GPCB’s directions. Unit II continued to operate even after the
cancellation of authorization. On 29/8/2001, GPCB filed a criminal complaint against the
company under the Environment Protection Act, 1986, which is still pending in court. In
a letter dated 31/8/2001, GPCB directed the District Collector to seal Unit II. Unit II was
never sealed, but the power and water connections to the Unit have since been
discontinued.
Directions were also issued to disconnect the electricity and water supply to Unit I on
20/6/2001 under the Air Act, 1981. The company sought legal injunctions: Regular suit
No.814/2001 was filed on 26/8/2001 in the Civil Court of Vadodara. Later on, the
company was forced to withdraw the suit and the power and water supply to Unit I was
disconnected on 20/9/2001. A few months later, the power and water supply was
restored. Unit I continues to operate to this day.
Worker’s plight:
At the time of operation of both Unit I and II, there were around 250 workers in Hema
Chemicals Industries.
(1) Findings of a study conducted by the National Institute of Occupational Health,
Ahmedabad, titled ‘Report on Biological and Environmental Monitoring and Health
Surveillance of Chromium (Cr) exposed workers in Chemical Industry’, indicate:

Blood chromium levels exceeding permissible levels in 14.80% of the workers, in
some cases, as high as 27 microgram/100ml.

Chromium related morbidity (symptoms and signs) associated with biochemical
abnormality was noted in about 25% of high-risk group of workers.
(2) In Examination in Chief of Dr. Varma, Certifying Surgeon, Factory Inspector’s
office, Vadodara, dated 27/3/1998, the following findings are reported:
Hema Chemicals Unit I:
Nasal septum perforation in 13 workers
Dermatitis in 16 workers
Hema Chemicals Unit II:
Nasal septum perforation in 30 workers
Dermatitis in 11 workers
Total: 43 cases of nasal septum perforation and 27 cases of dermatitis.
(3) From 2/7/1996 till 21/6/2001, the office of the Factory Inspectorate filed nine
criminal cases against Hema Chemicals on the grounds of health and safety of workers
for breach of Factories Act, 1948 and Gujarat Factories Rules, 1963.
It is reported to the Committee that between 1999-2001, nine workers of Hema
Chemicals died due to chromium toxicity. Many of the workers reported gangrene.
(4) Workers of Unit II have not been paid wages since September 2001 despite a
Gujarat High Court order, which states: ‘135 (xiv) Closure of the units at any point of
time due to their not meeting GPCB parameters will not result in the denial of wages to
any of the workmen. This will not mean a closure under the Industrial Dispute Act,
1947.’ (High Court of Gujarat, Sp. C. A. No. 770 of 1995. Coram Mr. B. N. Kripal, Chief
Justice, and Mr. Justice H. L. Gokhale dated 5/8/1995.
Apparently, even in Unit I, only a few workers have been re-employed; the other
workers have not been paid any wages.
Key reports on Hema Chemicals hazardous wastes:
Significantly, the illegal dumping of toxic chromium waste finds mention in some key
reports:

Report of the High Powered Committee on Management of Hazardous Wastes,
Volume 2, page 180, constituted by the Supreme Court of India: ‘Ecological crisis has
resulted due to M/s Hema Chemical Industries indiscriminate dumping of sodium
chromate.’

Human Development Vision 2010, Gujarat Social Infrastructure Development Board,
page 185: ‘A basic chromium sulphate-manufacturing unit in village Gorwa in Vadodara
district has been dumping its chromium waste for the last 20 years. The villagers used
that waste for building houses and making pathways. The exposure to this waste is
causing nasal perforation, skin ulcers and lung cancer.’

State Environmental Action Programme, Industrial Pollution, A report by the Gujarat
Ecology Commission, July 2000, page 5-9.

Besides, there have been numerous media reports between 1998-2001 highlighting
the toxic waste and occupational hazard issues in Hema Chemicals, including editorials
in major dailies like The Indian Express (The Invisible people: Those who are forgotten
from birth to death, 15/7/98)

Report of the Central Pollution Control Board on Hema Chemicals (Annexure 1,
enclosed with this report).
Present status of toxic chromium waste:
Despite various directions by the GPCB, pressures from civil society groups (Paryavaran
Suraksha Samiti, People’s Union for Civil Liberties), and media reports, the company has
taken little affirmative action so far. Mostly, it has been able to use political clout to
thwart any attempts to rectify the situation. The GPCB too has dragged its feet in
enforcing its own orders. The toxic waste still lies scattered all around the Gorwa
industrial area. New buildings and roads have been built over the old waste dumps,
endangering and exposing thousands of people to toxic chromium, including children.
Hema Chemicals is a classic case of a company’s deliberate poisoning of communities
with toxic wastes, contaminating water, soil and air, dangerously exposing workers to
toxic substances and sub-human working conditions, and violating fundamental rights of
citizens to lead a healthy life under the Constitution of India. The utter disregard and
disrespect of law and administration of this country by the owner of Hema Chemicals is
unacceptable.
Details of owner of Hema Chemicals:
Residential Address:
Mr. Mahendrakumar R. Patel
129-130, Sardar Nagar
Chhani Road, Vadodara - 390 002, Gujarat
Other industrial sheds owned by Mr. Mahendrakumar R. Patel as a main partner with
other family members:
(1)
Shed No. 5/3-A, BIDC, Gorwa, Vadodara - 390 016, Gujarat
(2)
Shed No. 5/3-B, BIDC, Gorwa, Vadodara - 390 016, Gujarat
(3)
Shed No. 3/7, BIDC, Gorwa, Vadodara - 390 016, Gujarat
(4)
Shed No. 5/21, BIDC, Gorwa, Vadodara - 390 016, Gujarat
(5)
Shed No. 124/36-A, GIDC, Nandesari, Dist: Vadodara
(6)
Shed No. 124/29, GIDC, Nandesari, Dist: Vadodara
(7)
Shed No. 124/29-A, GIDC, Nandesari, Dist: Vadodara
(8)
Shed No. 155/5, GIDC, Nandesari, Dist: Vadodara
(9)
Shed No. 155/6, GIDC, Nandesari, Dist: Vadodara
(10) BEI Compound, Behind Amar ICE Factory, Chhani Road, Vadodara.
Recommendations of the Sub-Committee:
At the present moment, the continued existence of the hazardous wastes violates the order
dated 14.10.2003 of the Supreme Court of India. The company is liable to remove the
wastes. Gujarat PCB has estimated the cost of waste removal at Rs.17 crores.
The Committee, however, is not confident any longer that GPCB can handle this major
problem. As the chronology of actions taken by the GPCB itself demonstrates (see
Annexure 2), the GPCB has been unsuccessful in dealing with the unit and its illegal
activities. Recently, on recommendation of the CPCB, the GPCB has constituted a
committee under the provisions of Section 16 (3) of the HW Rules (as amended) to tackle
the problem. However, it is doubtful if there will be any effective outcome.
The GPCB, however, has indicated it will abide by the directions of the Monitoring
Committee.
The Sub-Committee feels that this is a fit case for the Supreme Court’s intervention as
the Gujarat authorities have failed abysmally in the matter of getting the unit to act
responsibly on its hazardous wastes.
Certain actions are necessary in the interests of justice in the matter of Hema Chemicals:
a) A careful physical investigation of the site and quantities of hazardous wastes needs
to be done by an expert body at the cost of the owner of the unit;
b) An expert body may be requested to undertake rehabilitation plan based on removal
of the wastes to an engineered landfill;
c)
Till such time as this is done, the owner of the unit may not be permitted to go
abroad.
d)
A medical study to be carried out by the NIOH to evaluate the impact of these
unattended wastes on the health of the people living on the site with a view to award
damages.
The SCMC may bring these facts and recommendations to the notice of the Supreme
Court via an application. GPCB may be placed in charge of the rehabilitation of the site,
when ordered, under the overall supervision of the SCMC.
Dr Tapan Chakrabarti
Dr Claude Alvares
7th April 2004
7th April 2004