ORDER

1. Grievance in this application is against violation of environment safety norms in operation of a fire cracker shop at Shankarapuram, Kallakurichi District, Tamil Nadu. On 26.10.2021 at 6.15 p.m. 8 persons lost their lives and 15 persons got injured in a blast due to unscientific stocked large quantity of fire crackers and banned explosives in the shop by Selavganapathy son of Sagadevan. Location of the shop is near a bakery, hotel, another fire cracker shop, mosque and Government Girls Higher Secondary School but requisite precautions to be taken at such location were not taken.

2. Considering the above, vide order dated 2.2.2022, the Tribunal constituted a joint Committee of Petroleum and Explosives Safety Organization (PESO), Chief Fire Officer, State PCB, Superintendent of Police and District Magistrate, Kallakurichi, Tamil Nadu. The Committee was to meet within four weeks, undertake site visit ascertain compliance of norms, including the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989 and furnish a factual and action taken report.

3. The matter was last considered on 22.11.2022 and noting that in spite of several opportunities no response had been received, the Tribunal required the personal appearance of the Member Secretary, State PCB and District Magistrate, Kallakurichi by VC.

4. The State PCB has filed its report dated 12.01.2023 to the effect that the dealer in question stored large amount of crackers beyond permitted limit which was the reason for the incident. A criminal case has been registered and compensation of ₹5,00,000/- has been paid to the heirs of each of the eight deceased and at the rate of ₹1,00,000/- to each of the two injured. Further, loan has been sanctioned and house site allotted to the affected families and pension of ₹1,000/- per month sanctioned to the mother of deceased, Sanjai. All crackers shops were checked and five shops have been sealed and their licenses suspended for violation of norms. License of the Murugan Crackers Shop (where the incident took place), owned by Mr. Selvaganapathy S/o Sagadevan, has been cancelled by the Additional Magistrate and District Officer, Kallakurichi.

5. From the above, it is acknowledged that it is violation of environmental norms that has led to the incident of death of persons and grievous injuries to two. In such a situation, principle of absolute liability is attracted as laid down in MC Mehta, (1987)1 SCC 395.

6. It is well settled that compensation is to be quantified on the principle of restitution, as laid down inter alia in Gobald Motors, AIR 1962 SC 1. In MCD Vs. Uphaar Tragedy Victims Association (cid:150) (2011) 14 SCC 481, it was held that compensation can be ad hoc in absence of data and approximate amount was laid down. On these broad principles, this Tribunal inter alia vide order dated 03.03.2022 in O.A. No. 44/2021; The News Indian Express dated 12.02.2021 titled (cid:147)At least 19 dead in Virudhnagar firecracker factory blast, more than 30 injured.(cid:148) laid down scale of compensation. It has to be ₹20,00,000/- in respect each of the death and ₹15,00,000/- for burns in excess of 50%, ₹10,00,000/- for burns beyond 25% and ₹5,00,000/- for injuries with burns beyond 5%. In the said matter, the Tribunal constituted a Joint Committee headed by a former High Court Judge, who gave report dated 22.04.2021, suggesting remedial measures and safeguards in dealing with such situation. The said report was considered and accepted by the Tribunal vide order 11.06.2021 followed by further order dated 03.03.2022. It was held that scale of compensation has to be ₹20,00,000/- in respect each of the death and ₹15,00,000/- for burns in excess of 50%, ₹10,00,000/- for burns beyond 25% and ₹5,00,000/- for injuries with burns beyond 5%. Relevant extract from order dated 03.03.2022, is reproduced below:-

(cid:147)10. From the report, it is clear that 27 persons have died and 26 injured on account of fire incidents which were result of u