2025 Supreme(Online)(NGT) 623

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Prakash Shrivastava, Chairperson, Sudhir Agarwal, Judicial Member, Arun Kumar Tyagi, Judicial Member, Afroz Ahmad, Expert Member
Suo Motu – Appellant
Versus
Shabir Ali – Respondent
Original Application No. 438/2023

Absolute liability for illegal hazardous storage explosions; State jointly liable for compensation (Rs.20L/death) irrespective of funds, recoverable from violator; enhanced over SDRF scales per restitution/punitive principles.

Headnote:(A) National Green Tribunal Act, 2010 - Sections 15, 17; Environment (Protection) Act, 1986; Public Liability Insurance Act, 1991; Explosives Act, 1884; Explosive Substances Act, 1908; Explosives Rules, 2008; Manufacture, Storage and Import of Hazardous Chemical Rules, 1989; Chemical Accidents (Emergency Planning, Preparedness, and Response) Rules, 1996; Disaster Management Act, 2005 - Explosion in illegal firecracker godown - 4 deaths including 2 minors, 9 injuries, property damage - Principle of absolute liability applies to hazardous activities; no-fault liability under NGT Act - State liable jointly and severally for compensation irrespective of financial constraints - Scale: Rs.20 lakhs per death; higher for grievous injuries based on burns percentage - State to pay enhanced compensation, recover from violator - SDRF/NDRF payments deductible - Workmen’s Compensation Act inapplicable absent registered factory/workmen status. (Paras 18, 31, 38, 49, 55, 75)

(B) Constitutional Law - Article 21 - Right to clean environment fundamental; State’s duty to prevent hazardous violations absolute - Failure to enforce safety laws triggers public law compensation liability. (Paras 32-39)

(C) Compensation - Restitution principle; punitive element for negligence in hazardous operations - Enhanced over welfare measures; ad hoc where data lacking - Medical reports basis for injury assessment. (Paras 49(iii)-(v), 75)

Facts of the case:
Suo motu cognizance on news report of explosion in illegal firecracker storage in residential area killing 4 (2 family of owner, 2 bystanders), injuring 9, destroying house and damaging neighbors’. Owner arrested; no license; 4000 kgs explosives seized. Initial SDRF compensation Rs.4 lakhs/death, Rs.16,000/injured inadequate per Tribunal precedents.

Findings of Court:
Project proponent absolutely liable; State jointly/severally liable. Rs.20 lakhs/death to all families (balance Rs.16 lakhs each to 2 families; others pending clarification). Injured: assess burns/disability/expenses per scale (Rs.2-15 lakhs). Houses: compensate fully including <15% damage post-expert inspection. UPPCB fund advance; recover from violator/State.

Issues: Liability/quantum for deaths/injuries/property damage from illegal hazardous storage; State’s enforcement failure; SDRF adequacy vs. NGT scale; family of violator’s entitlement.

Ratio Decidendi: Hazardous activities impose absolute/non-delegable duty; State vicariously liable for inaction/connivance despite resources; compensation restitutive/punitive, higher than statutory welfare, uniformly Rs.20 lakhs/death in firecracker blasts; detailed medical/technical assessment mandatory.

Result: OA disposed with directions for enhanced compensation payment within 3 months, recovery, remedial State mechanism; ATR required.

Table of Content
1. suo motu cognizance of illegal firecracker explosion incident. (Para 1 , 2 , 3 , 4 , 5 , 6 , 15)
2. initial compensation inadequacy and procedural compliance. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13)
3. inadequate sdrf death compensation enhanced to rs.20 lakhs. (Para 14 , 52 , 53 , 54 , 55 , 56 , 57 , 58)
4. absolute liability for hazardous activities without exceptions. (Para 16 , 17 , 18 , 19 , 20 , 31 , 59)
5. regulatory framework for hazardous chemicals and explosives. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30)
6. state's absolute liability for environmental rights violation. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 61)
7. fire incidents qualify as disasters under dm act. (Para 40 , 41 , 42)
8. ngt jurisdiction for environmental compensation and relief. (Para 43 , 44 , 45 , 46 , 47 , 48)
9. ngt consistent scale: rs.20l death, scaled injury compensation. (Para 49 , 50 , 51)
10. injury compensation based on burns percentage and hospitalization. (Para 66 , 67 , 68 , 69 , 70 , 71 , 72 , 73 , 74 , 75 , 76 , 77)
11. house damage compensation irrespective of <15% threshold. (Para 78 , 79 , 80 , 81 , 82 , 83 , 84 , 85)
12. mechanism to prevent illegal hazardous operations. (Para 86 , 87 , 88 , 89)
13. directions for compensation payment and recovery. (Para 90 , 91 , 92 , 93 , 94 , 95)

Judgment

BY HON’BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER

1. A News item captioned "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held" appeared in India Today dated 14.06.2023. Cognizance of the matter was taken by this Tribunal suo motu on the basis of the above said news item after registration thereof as Original Application (O.A.) No. 438/2023.

2. The relevant part of the news item by India Today News Desk is reproduced as under:-

“Massive fire, followed by an explosion rocked an illegal firecracker godown in Uttar Pradesh's Sambhal district on Tuesday, killing four people and injuring seven others. The owner who had stored firecrackers in the residential area without permission was arrested.

Four people, including two children, were killed, while seven others were injured after a massive fire and an explosion rocked an illegal firecracker godown in Uttar Pradesh's Sambhal district on Tuesday.

The incident happened in Gunnaur township in the evening, police said.

The deceased were identified as Guddo (40), Anam ( 25), Sumaiya (12) and an unidentified minor.

i nitially, a fire broke out in a firecracker godown, belonging to Sabir Ali, in Sarai locality, District Magistrate Manish Bansal told PTI.

Further, an explosion rocked the godown, resulting in the death of three people, while an unidentified minor who was referred to Aligarh for treatment, succumbed to injuries on the way, said incharge of Community Health Centre (CHC) Gunnaur, Dr Pawan Kumar.

Seven others who sustained injuries were admitted to a hospital for treatment.

SP Chakresh Mishra said that the owner, Ali, had stored firecrackers in the residential area, apart from the place for which permission was granted.

Ali was later arrested in connection with the case.”

3. The matter was listed before this Tribunal on 13.07.2023 after issuing advance notices to the concerned authorities namely Member Secretary, Uttar Pradesh Pollution Control Board (UPPCB), District Magistrate, Sambhal, Joint Chief Controller of Explosives (PESO), Agra and ADG of State Disaster Response Force, Uttar Pradesh.

4. Report dated 02.08.2023 of the Sub-Divisional Magistrate, Sambhal forwarded by the District Magistrate, Sambhal vide letter dated 30.08.2023 was filed by Chief Environmental Officer (C7), UPPCB by email dated 06.10.2023.

5. Reply was filed by the Joint Chief Controller of Explosives, Agra, U.P. PESO by email dated 11.10.2023. The relevant part of the reply is reproduced as under:-

“ X X X X

2. That a massive fire followed by an explosion occurred in an illegal firecracker premises in Gunnaur township, Uttar Pradesh's Sambhal district. This tragic inciden

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