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2005 Supreme(MP) 610

SHANTANU KEMKAR, R.V.RAVEENDRAN
Birjis Khatun – Appellant
Versus
Welfare Commissioner, Bhopal Gas Victims – Respondent


Advocates:
Vibhuti Jha and Kumaresh Pathak for petitioner;
R.N. Singh, Advocate General with
R.S. Jha, Deputy Advocate General for respondent No.1;
D.S. Sharma, Assistant Solicitor General for respondent No.2.

ORDER

Raveendran, C.J. -- 1. On the night intervening between 2nd and 3rd December 1984, a colossal disaster occurred in Bhopal on account of release of highly toxic and dangerous gas (Methyl Isocyanate) from the plant of the Union Carbide (India) Ltd, Bhopal. As a result, thousands died and lakhs suffered ill-effects resulting in declining health and increasing ailments. The petitioner claims that she is a resident of Bhopal and that she suffered seriously on account of the said leak. She filed a claim in 1985 before the Directorate of Claims, Bhopal, which was subsequently transferred to the Deputy Commissioner, Bhopal Gas Victims, Ward No. 40, Bhopal. The claim was registered as Case No. 602K/93 and a compensation of Rs.25,000/- was awarded by order dated 5.2.1994. Being aggrieved, the petitioner filed an appeal on 27 .5.1994 before the Third Additional Welfare Commissioner, Bhopal Gas Victims, Bhopal, seeking enhancement of the compensation. The Third Additional Welfare Commissioner registered the appeal as a revision on the ground that the appeal was barred by limitation. The said revision petition (SMR No. 266/ 1995) was dismissed by order dated 10.3.1995.

2. Feeling aggrieved,














































































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