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2024 Supreme(Online)(NGT) 2658
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|Original Application 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 criminal acts in illegal operations do not qualify as victims; ex-gratia payments to their next of kin violate government guidelines requiring genuineness verification.
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 9 deaths, injuries and property damage - Unit lacked all permissions, licenses, consents; violated rules on isolated storage, safety steps, site notification, safety reports, emergency plans, labelling, safety controls (paras 5, 9).
(B) Ex-gratia compensation - Government memos for payment in cases of death due to natural calamity/accidental fire or unnatural death of sole bread-earner - Persons directly involved in illegal activity (property owner, tenant, associate) named as accused cannot be deemed victims under Section 2(wa) CrPC; their next of kin ineligible for ex-gratia as death resulted from own criminal acts - District Magistrate misapplied memos by recommending payment without verifying genuineness against police reports listing them as accused (paras 15-28).
(C) Suo motu proceedings - Joint Committee report detailing violations, causes (mixing incompatible chemicals, negligence), recommendations for inspections, task forces, training, audits, public awareness to prevent recurrence (paras 2, 5, 7).
Facts of the case:
Suo motu OA initiated on news report of blast at illegal fireworks unit in residential area killing 9 (including 2 minors), injuring 8, destroying building and damaging adjacent properties. Unit operated without permissions; forensic indicated massive stock of wickless crackers exploded due to pressure/friction. FIR against 4 persons (3 deceased); ex-gratia of Rs.2 lakhs paid to next of kin of all 9 deceased, including accused.
Findings of Court:
Illegal unit violated hazardous chemical and explosives rules; blast due to negligence in handling. Ex-gratia wrongly paid to next of kin of accused involved in illegality; recovery directed. State initiatives for green firecrackers noted but irrelevant to illegality.
Issues: Whether next of kin of persons dying due to their own illegal acts qualify as victims for ex-gratia under government memos; interpretation of victim under CrPC in context of accidental death from criminal activity.
Ratio Decidendi: A person dying as a consequence of their own criminal act does not qualify as victim under Section 2(wa) CrPC; ex-gratia from taxpayers' money cannot be disbursed to undeserving next of kin without verifying genuineness per memos, especially when deceased listed as accused in police reports (paras 24, 26).
Result: OA disposed directing Chief Secretary to recover ex-gratia wrongly paid to next of kin of accused.
| Table of Content |
|---|
| 1. suo motu initiation and committee formation post-accident. (Para 1 , 2 , 4) |
| 2. joint committee findings on accident and illegality. (Para 5 , 6 , 7 , 8) |
| 3. peso affidavit on licenses and supreme court directives. (Para 9 , 10) |
| 4. compensation payments to deceased kin documented. (Para 11 , 12 , 13 , 14 , 15) |
| 5. ex-gratia ineligible for accused in illegal acts. (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 6. order 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 Orde
