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2024 Supreme(Online)(NGT) 516
NATIONAL GREEN TRIBUNAL KOLKATA (EASTERN ZONE BENCH)
B. Amit Sthalekar, Judicial Member, Arun Kumar Verma, Expert Member
NEWS REPORT PUBLISHED IN THE HINDU DATED 28 08 2023 TITLED EIGHT KILLED IN BLAST AT ILLEGAL FIREWORKS UNIT IN WEST BENGAL – Appellant
Versus
STATE OF WEST BENGAL – Respondent
Original Application No.139/2023/EZ|OA No. 542/2023
For the Appellants/Petitioners: Suo Motu
For the Respondents:Mr. Ashok Prasad, Adv. for R-1|Mr. Dipanjan Ghosh, Advocate for R-2|Mr. Surendra Kumar, Adv. for R-3|Ms. Madhumita Bhattacharjee, Adv. a/w Mr. Sibojyoti Chakraborty, Advocate for R-4
Next of kin of persons dying due to their own illegal acts in hazardous operations do not qualify as victims for ex-gratia compensation under government schemes requiring genuineness, as they fall outside CrPC victim definition.
Headnote:(A) Environment (Protection) Act, 1986 - Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 - Explosives Act, 1884 - Explosives Rules, 2008 - Illegal fireworks manufacturing unit in residential area - Massive blast causing deaths and property damage - Unit lacked all permissions, licenses, consents - Violations of isolated storage, safety measures, notification of sites, safety reports, emergency plans, labelling, training - Suo motu proceedings based on news report - Joint Committee report detailing causes, violations, recommendations. (Paras 1-9)
(B) Ex-gratia compensation - Government memos for payment in cases of death due to natural calamity/accidental fire/unnatural death of sole bread-earner - Persons dying as result of own illegal acts (accused in FIRs for illegal manufacturing/storage) and their next of kin not entitled - Such deaths not covered under memos requiring satisfaction of genuineness and police reports - Taxpayers' money not to be distributed as largesse to undeserving - Definition of ‘victim’ under CrPC Section 2(wa) excludes those suffering due to own criminal acts. (Paras 14-28)
Facts of the case:
Suo motu Original Application initiated on news report of blast at illegal fireworks unit in residential area killing nine persons (including accused and labourers), injuring eight, destroying building and damaging adjacent properties. Joint Committee inspected site, confirmed illegality, no permissions/consents, violations of hazardous chemical/explosives rules, possible causes like chemical mixing/friction. FIR against four, three deceased accused, one in custody. State paid ex-gratia of Rs.2 lakhs to next of kin of all nine deceased, including accused, under government memos for accidental fire/unnatural death.
Findings of Court:
Ex-gratia wrongly paid to next of kin of three deceased accused involved in illegal operations, violating government memos and CrPC victim definition. Unit fully illegal with multiple safety violations. State initiatives for green firecrackers noted but irrelevant to recovery.
Issues: Whether next of kin of deceased persons directly responsible for illegal fireworks manufacturing/storage (named accused) qualify as victims entitled to ex-gratia under government memos for accidental fire/unnatural death; validity of payments despite police reports/FIRs identifying them as perpetrators.
Ratio Decidendi: Persons dying as consequence of their own criminal/illegal acts do not qualify as ‘victims’ under CrPC Section 2(wa); ex-gratia under specified memos cannot extend to next of kin of such persons, requiring genuineness verification excluding illegal activity participants - District Magistrate misapplied memos in recommending payments to undeserving. (Paras 16-28)
Result: Original Application disposed directing Chief Secretary to recover ex-gratia wrongly paid to next of kin of deceased accused.
| Table of Content |
|---|
| 1. suo motu initiation based on news report (Para 1 , 2 , 3 , 4) |
| 2. illegal fireworks unit explosion details (Para 5 , 6 , 7 , 8) |
| 3. regulatory licenses and initiatives overview (Para 9 , 10) |
| 4. ex-gratia compensation payments made (Para 11 , 12 , 13 , 14 , 15) |
| 5. 'victim' definition under crpc analysis (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 6. no ex-gratia for illegal acts perpetrators (Para 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 7. recovery of improper ex-gratia payments (Para 29 , 30 , 31) |
ORDER
1. The Original Application No.542/2023/PB was registered as a suo motu case by the New Delhi Bench of the National Green Tribunal on the basis of a newspaper report published in ‘The Hindu’ on 28.08.2023 titled “Eight killed in blast at illegal fireworks unit in West Bengal”. The news report discloses that eight persons had been killed in a blast at an illegal fireworks Unit in Mochpol area in Duttapukur Police Station, West Bengal. The news further discloses that a two storeyed house where the fireworks were allegedly being manufactured crashed to the ground due to the impact of the blast; the report also reveals violation of environmental laws, especially regulations relating to handling of hazardous substances under ‘The Manufacture, Storage and Import of Hazardous Chemical Rules, 1980, (‘MSIHC Rules, 1989’ for short) issued under the Environment (Protection) Act, 1986.
2. The New Delhi Bench of the Tribunal constituted a Committee comprising of the following Members:-
(i) Chief Fire Officer, Petroleum and Explosives Safety Organization (PESO),
(ii) Member Secretary, West Bengal Pollution Control Board,
(iii) Member Secretary, Central Pollution Control Board, and
(iv) District Magistrate, North 24 Parganas,
3. The Committee was directed to visit the site in question and ascertain the cause of accident and violation of environmental laws, especially the MSIHC Rules, 1989, and submit a Report.
4. Thereafter, the said Original Application was transferred to the Eastern Bench of the Tribunal at Kolkata by order dated 05.09.2023 and was re-numbered as Original Application No.139/2023/EZ.
5. The District Magistrate & Collector, North 24 Parganas, has filed affidavit dated 17.01.2024 bringing on record an Inspection Report of the Joint Committee constituted by the Tribunal as Annexure-R-
2, which reads as under:-
“REPORT OF THE JOINT COMMITTEE In Compliance with the Order dated 05.09.2023 of the HON’BLE NATIONAL GREEN TRIBUNAL “In re: news report published in The Hindu dated 28.08.2023 titled “Eight Killed in blast at illegal fireworks unit in West Bengal”
In OA No.542/2023 (now OA No.139/2023(EZ)
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1. Background
There was an accident on 27.8.2023 in an alleged illegal firework manufacturing unit located at Mochpol area under the jurisdiction of Duttapukur Police Station, North 24 Parganas District, West Bengal. According to the newspaper articles published in "The Hindu" dated 28.08.2023 eight (08) persons were killed in that accident / blast. In view of the published article, an Original Application has been registered in Suo moto exercise of power of Hon’ble National Green Tribunal (NGT).
In this regard, Hon’ble NGT vide its order dated 05.09.2023 directed as reproduced below:
"4. Having regard to aforesaid, we form a joint Committee comprising of Petroleum and Explosives Safety Organization (PESO), Chief Fire Officer, the Member Secretary, State Pollution Control Board (SPCB), Member Secretary, Central Pollution Control Board (CPCB) and District Magistrate, North 24 Parganas District, West Bengal. The District Magistrate will act as nodal agency for coordination and compliance. The Committee will visit the site, ascertain the cause of accident and violation of environmental laws especially the MSIHC Rules, 1989 noted above and submit a report before the Tribunal within six weeks".
2. Constitution of Committee
In connection to Hon’ble NGT Order, the Joint Committe
