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2024 Supreme(Online)(NGT) 1981
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 Applicant(s): Suo Motu
For the Respondent(s): Mr. Ashok Prasad, Mr. Dipanjan Ghosh, Mr. Surendra Kumar, Ms. Madhumita Bhattacharjee, Mr. Sibojyoti Chakraborty
Persons dying due to their own illegal acts in hazardous operations do not qualify as 'victims' under CrPC; ex-gratia compensation cannot be paid to their next of kin using taxpayers' money.
Headnote:(A) Environment (Protection) Act, 1986 - Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 - Explosives Rules, 2008 - Illegal fireworks manufacturing unit in residential area - Massive explosion causing 9 deaths, injuries, property damage - No licenses, consents or safety measures - Joint Committee report details violations of MSIHC Rules 4(1)(b), 4(2), 7, 10, 13, 13(4), 15, 17 and Explosives Rules 6, 7, 10(1)(a), 10(1)(c), 26-35 - Unit operated without permissions, training, emergency plans. (Paras 5, 8-9)
(B) Ex-gratia compensation - Government memos for death due to natural calamity/accidental fire or unnatural death of sole bread-earner - Not payable to next of kin of persons dying due to own illegal acts - Such deceased not 'victims' under Section 2(wa) CrPC, 1973 - Person dying as result of own criminal act cannot be 'victim' - Ex-gratia constitutes taxpayers' money, not to be distributed to undeserving. (Paras 16-28)
Facts of the case:
Suo motu Original Application initiated on news report of blast at illegal fireworks unit in residential area killing 9 persons (3 directly involved as owner/tenant/labourer supervisor, 6 hired labourers), injuring 8, destroying building and damaging adjacent properties. Joint Committee confirmed illegality, violations, cause as friction-induced explosion of sound crackers. State paid ex-gratia of Rs.2 lakhs to next of kin of all 9 deceased despite 3 being accused in FIRs.
Findings of Court:
Ex-gratia wrongly paid to next of kin of 3 accused directly responsible for illegal operations who do not qualify as 'victims'. Payment violates government memos requiring genuineness verification. Illegal unit violated hazardous chemical and explosives regulations comprehensively.
Issues: Whether next of kin of persons dying while engaged in illegal fireworks manufacturing qualify for ex-gratia as 'victims'; whether explosion of illegal unit constitutes 'accidental fire' under ex-gratia guidelines; extent of regulatory violations.
Ratio Decidendi: Death resulting from own criminal/illegal acts does not qualify deceased as 'victim' under CrPC Section 2(wa); ex-gratia for accidental fire/natural calamity cannot extend to consequences of illegality without satisfaction of genuineness. Taxpayers' money cannot fund undeserving claims. (Paras 24-28)
Result: Original Application disposed directing Chief Secretary to recover ex-gratia wrongly paid to next of kin of accused persons.
| Table of Content |
|---|
| 1. suo motu initiation based on news report (Para 1 , 2 , 3 , 4) |
| 2. joint committee findings on accident and illegality (Para 5 , 6 , 7 , 8) |
| 3. peso licenses and government initiatives (Para 9 , 10) |
| 4. compensation payments to deceased kin (Para 11 , 12 , 13 , 14 , 15) |
| 5. definition of victim under crpc (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 6. no ex-gratia for illegal acts (Para 22 , 23 , 24 , 25 , 26) |
| 7. recovery of improper ex-gratia payments (Para 27 , 28 , 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 Committee consists of
