ORDER

1. This matter was dealt with ear[

lier vide order dated 11.06.2021 on the subject of remedial action against violation of environmental norms in operation of firecracker factories in Virudhunagar, Tamil Nadu, resulting in an incident on 12.02.2021 wherein 19 persons died and 30 were injured.

2. After appointing a fact-finding Committee headed by a former High Court Judge and representatives of statutory regulators and considering the report submitted by the said Committee, the Tribunal directed payment of compensation to heirs of the deceased and to the injured, apart from measures to prevent such incidents in future and other incidental directions.

3. Tamil Nadu Fireworks and Amorces Manufacturers Association (TANFAMA) preferred an Appeal before the Hon’ble Supreme Court seeking opportunity to appear before the Tribunal. This prayer has been accepted vide order of the Hon’ble Supreme Court dated 21.01.2022 in Civil Appeal No(s). 423 of 2022, whereby order of this Tribunal has been set aside with a direction to reconsider the entire matter afresh, after opportunity to the concerned parties, including the Appellant before the Hon’ble Supreme Court - TANFAMA.

4. In pursuance of above, TANFAMA has filed I.A. No. 49/2022, seeking setting side order of this Tribunal dated 11.06.2021 in O.A. No. 44/2021. Ground for the said prayer is that TANFAMA represents 1100 factories in India and order of this Tribunal will adversely affect them.

5. Surprisingly, during the hearing learned counsel for the TANFAMA stated that TANFAMA is not affected by order of this Tribunal except for the order being a bad precedent in future. However, no infirmity is pointed out in the order for payment of compensation to the victims of unscientific handling of hazardous substances nor with direction for steps to prevent such incidents in future. It is also stated that Sree Mariyammal Fireworks factory at Achankulam village where the incident took place is not member of TANFAMA.

6. We find the argument to be entirely untenable and the IA to be without any substance. TANFAMA is not directly affected by order of this Tribunal. It has no connection with the alleged violators against whom directions have been issued. It cannot be argued that violations of environmental safety norms, resulting in deaths and injuries are not actionable. As held by the Hon’ble Supreme Court in M.C. Mehta v. UOI & Ors1, a person undertaking hazardous activity for commercial gain is absolutely liable for any accident or loss. No meaningful objection has been or can be raised against directions for preventing accidents in the process of hazardous activities, in the light of statutory rules on the subject. Learned counsel for TANFAMA lastly submitted that this Tribunal has no jurisdiction to deal with the issue of compensation to the victims when no damage has been caused to the environment even as per report submitted to this Tribunal. As shown by the report, even though the damage could not be assessed in terms of money, damage to the environment has been found, apart from violations of the statutory Rules under the EP Act. Issue could thus be certainly gone into by the Tribunal.

7. Thus, even after hearing learned counsel for TANFAMA at length, following the directions of the Hon’ble Supreme Court, we do not find merit in the I.A. filed by the TANFAMA.

8. We now take up the matter for fresh decision in view of order of the Hon’ble Supreme Court. As already noted, there is no grievance against order of this Tribunal dated 11.6.2021 by any aggrieved party and the said order was set aside to give opportunity to the TANFAMA which has nothing to do with the matter directly. We have not found any substance in the contentions raised on behalf of TANFMA for reasons already mentioned.

9. In pursuance of directions of this Tribunal, the joint Committee headed by a former High Court judge has filed report dated 22.04.2021 with regard to persons responsible for deaths and injuries and recommending