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2020 Supreme(Guj) 614

GITA GOPI
Atalbiharikumar Rajendra Mandal – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Mr Sudhir Nanavati, Senior Advocate for Nanavati & Nanavati
For the Respondent: Mr Pranav Trivedi, Addl. Public Prosecutor

ORDER :

In recent times, we have heard of several instances of industrial disasters arising out of leakages from factories/industrial plants involved in chemicals/fertilizers and other toxic substances. The Bhopal disaster, also referred to as the Bhopal gas tragedy, was a gas leak incident that took place on the night of 2 – 3 December 1984. It shakes the human conscience since the after-shocks could be seen even today, if one visits Bhopal. Very recently, i.e. in May 2020, an industrial accident occurred at L.G. Polymers chemical plant situated at Visakhapatnam, Andhra Pradesh. The gas speedily spread in the places surrounding the chemical plant. Footage of people on the streets, collapsing on account of being unable to bear the gas and its pungent smell, is known to all.

1. The case on hand also relates to an industrial accident that occurred at “Yashasvi Rasayan Pvt. Ltd.” (hereinafter referred to as “the Company”) situated at Village Lakhi, Taluka Vagra, District Bharch, in which around 10 persons died and more than 75 sustained injuries. All the dead were workers/employees of the Company. Since all these applications involve common questions on law and facts and arise out of th

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