2025 Supreme(Online)(NGT) 640

NATIONAL GREEN TRIBUNAL NEW DELHI (PRINCIPAL BENCH)
Prakash Shrivastava, Chairperson, Sudhir Agarwal, Judicial Member, Arun Kumar Tyagi, Judicial Member, Afroz Ahmad, Expert Member
NEWS ITEM IN INDIA TODAY DATED 14.06.2023 TITLED "2 MINORS AMONG 4 KILLED AS EXPLOSION ROCKS ILLEGAL FIRECRACKER GODOWN IN UP OWNERS HELD" VS
Original Application No. 438/2023

Operators of hazardous activities bear absolute liability for accident harm; State jointly liable for regulatory failure, must pay enhanced restitutive-punitive compensation per Tribunal scales, recoverable from violators regardless of their resources.

Headnote:(A) National Green Tribunal Act, 2010 - Sections 15, 17 - Environment (Protection) Act, 1986 - Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 - Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996 - Explosives Act, 1884 - Explosives Rules, 2008 - Public Liability Insurance Act, 1991 - Disaster Management Act, 2005 - Absolute liability for hazardous activities - Explosion in illegal firecracker storage causing 4 deaths, 9 injuries, property damage - Owner strictly liable under M.C. Mehta principle for compensation regardless of care taken - State jointly and severally liable for failure to prevent illegal activity, independent of violator's resources - Compensation scales: Rs.20 lakhs per death; Rs.15 lakhs for >50% burns; Rs.10 lakhs for 25-50% burns; Rs.5 lakhs for 5-25% burns; Rs.2 lakhs for minor injuries - Higher than welfare measures, punitive for negligence - State to pay forthwith, recover from violator - PCB to advance funds if needed. (Paras 18, 31, 38, 49, 55, 75)

(B) Constitutional Law - Article 21 - Right to healthy environment fundamental - State obligated to ensure compliance with safety laws, liable for violations causing harm - No excuse of fund paucity. (Paras 32-39)

(C) Disaster Management - Fire from illegal hazardous storage qualifies as disaster - Ex-gratia under SDRF/NDRF deductible from Tribunal scales but inadequate alone. (Paras 40-42, 52, 70)

Facts of the case:
Suo motu cognizance on news report of explosion in illegal firecracker godown in residential area killing 4 (2 family of owner, 2 others), injuring 9, destroying house, damaging neighbors. Owner stored 2000 kgs explosives without license. FIRs registered, owner arrested. Initial SDRF compensation Rs.4 lakhs/death, Rs.16,000/injured inadequate per Tribunal precedents.

Findings of Court:
Owner absolutely liable; State jointly liable. Enhanced compensation directed: Rs.20 lakhs/death (balance after SDRF deduction), scaled for injuries based on medicals, property damage assessed by experts. Chief Secretary to strengthen prevention mechanisms.

Issues: Liability quantum for deaths/injuries/property damage from illegal hazardous storage; State obligation despite limited violator assets; SDRF adequacy; family of violator's entitlement; preventive oversight.

Ratio Decidendi: Hazardous activity operators strictly liable sans exceptions; State vicariously liable for regulatory lapses under public safety laws - compensation restitutive and punitive, fixed by Tribunal scales exceeding statutory welfare, payable immediately with recovery rights.

Result: OA disposed with directions for enhanced compensation payment within 3 months, recovery, remedial State mechanisms.

Table of Content
1. suo motu cognizance of illegal firecracker explosion incident. (Para 1 , 2 , 3 , 15)
2. reports confirm illegal unlicensed firecracker storage. (Para 4 , 5 , 6 , 9 , 10 , 12 , 13)
3. inadequate initial compensation; state and violator liable. (Para 7 , 8 , 11 , 16 , 18 , 57 , 58 , 60)
4. absolute liability for hazardous activities without exceptions. (Para 17 , 19 , 20 , 31)
5. regulatory framework governs hazardous chemicals and explosives. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30)
6. state liable for fundamental right violations to environment. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39)
7. disaster management act covers man-made fire incidents. (Para 40 , 41 , 42 , 52)
8. ngt jurisdiction for environmental compensation and relief. (Para 43 , 44 , 45 , 46 , 47 , 48)
9. enhanced death compensation at rs.20 lakhs per victim. (Para 49 , 50 , 51 , 55 , 59 , 61 , 63 , 64 , 65)
10. injury compensation scaled by burns severity and hospitalization. (Para 66 , 67 , 68 , 69 , 70 , 71 , 72 , 73 , 74 , 75 , 76 , 77)
11. house damage compensation regardless of percentage threshold. (Para 78 , 79 , 80 , 81 , 82 , 83 , 84 , 85)
12. preventive mechanisms against illegal hazardous operations. (Para 86 , 87 , 88 , 89 , 90)
13. uppcb funds compensation; recovery from violator mandated. (Para 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. T

Click Here to Read the rest of this document