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2024 Supreme(Online)(NGT) 3112
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|Mr. Dipanjan Ghosh|Mr. Surendra Kumar|Ms. Madhumita Bhattacharjee|Mr. Sibojyoti Chakraborty
Next of kin of persons dying from their own illegal acts in hazardous fireworks manufacturing not entitled to ex-gratia; such deceased not 'victims' under CrPC, requiring recovery of payments violating government memos. (28 words)
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 - Joint Committee report confirming violations including lack of licenses, consents, safety measures, notification of sites, emergency plans, and improper handling/storage of hazardous chemicals - Unit operated without permissions, training, or safety protocols. (Paras 1-5, 8-9)
(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 dying as direct result of their own illegal acts (accused in FIR for running illegal unit) and their next of kin not entitled to ex-gratia - Such deaths not qualifying as 'accidental fire' under memos or 'victim' under Section 2(wa) CrPC, 1973 - Ex-gratia constitutes taxpayers' money, not to be distributed to undeserving persons - District Magistrate directed to recover wrongly paid amounts. (Paras 16-28)
Facts of the case:
Suo motu proceedings initiated on news report of blast at illegal fireworks unit in residential area killing nine persons (including operators and labourers) and injuring others, destroying building and damaging adjacent properties - Joint Committee inspected site, confirmed illegality, violations of hazardous chemical and explosives rules, cause linked to mechanical force on stockpiled crackers - FIR against operators (three deceased, one in custody) - Ex-gratia of Rs.2 lakhs paid to next of kin of all deceased including accused operators, prompting query on eligibility.
Findings of Court:
Illegal unit violated multiple rules on licensing, safety, storage, and emergency preparedness - Payment of ex-gratia to next of kin of accused operators (directly involved in illegality) violated government memos as deaths resulted from their criminal acts - Such persons/next of kin not 'victims' - Chief Secretary directed to recover ex-gratia paid to next of kin of three accused deceased.
Issues: Whether ex-gratia payable to next of kin of persons dying due to their own illegal manufacturing/storage of fireworks; scope of 'victim' under CrPC and 'accidental fire' under government memos.
Ratio Decidendi: Persons dying as consequence of their own criminal/illegal acts cannot be deemed 'victims' under Section 2(wa) CrPC; ex-gratia under specified memos inapplicable to deaths from self-induced illegality in hazardous activities - Requires satisfaction of genuineness excluding culpability; taxpayers' money not for undeserving.
Result: Original Application disposed with direction to Chief Secretary to recover ex-gratia wrongly paid to next of kin of accused deceased.
| Table of Content |
|---|
| 1. suo motu initiation and committee formation post blast (Para 1 , 2 , 4) |
| 2. joint committee findings on illegal unit and damages (Para 5 , 6 , 7 , 8) |
| 3. peso licenses and supreme court directives on fireworks (Para 9 , 10) |
| 4. compensation proposals and payments to deceased kin (Para 12 , 13 , 14 , 15) |
| 5. definition of victim under crpc excludes accused (Para 16 , 17 , 18 , 19 , 20 , 21) |
| 6. no ex-gratia for deaths from own illegal acts (Para 22 , 23 , 24 , 25 , 26 , 27 , 28) |
| 7. direct 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
