Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(NGT) 4416

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

Advocates:
For the Appellants/Petitioners: Sou Motu
For the Respondents: Ms. Priyanka Swami|Mr. Gi. Gi. George|Mr. Bhupendra Pratap Singh, Mr. Anurag Kumar

State and violators jointly liable for enhanced no-fault compensation in illegal hazardous storage explosions; scales Rs.20L/death, graduated by injury severity; payable immediately, recoverable from violator regardless of assets/funds.

Headnote:(A) National Green Tribunal Act, 2010 - Section 15 - Environment (Protection) Act, 1986 - Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 - Explosives Act, 1884 - Explosives Rules, 2008 - Disaster Management Act, 2005 - Absolute liability - Illegal storage of firecrackers in residential area causing explosion, killing four including two minors, injuring nine, damaging houses - State and instrumentalities liable to pay enhanced compensation to victims/legal heirs/injured/property owners on no-fault basis under restitution principle, recoverable from violator - Compensation scales: Rs.20 lakhs per death; Rs.15 lakhs for burns >50%; Rs.10 lakhs for 25-50%; Rs.5 lakhs for 5-25%; Rs.2 lakhs for minor injuries/outpatients - SDRF/NDRF payments deductible - Liability not dependent on violator's assets or state's funds - UPPCB to advance compensation from environmental fund, recoverable as land revenue. (Paras 18, 31, 38, 49, 55, 75)

(B) Constitutional Law - Article 21 - Right to healthy environment - State’s duty of care highest for hazardous activities - Failure to prevent illegal hazardous operations in violation of safety laws attracts joint and several liability for compensation independent of statutory limits. (Paras 32-39)

(C) Public Liability Insurance Act, 1991 - No-fault liability for accidents involving hazardous substances - Tribunal jurisdiction to award relief beyond welfare measures, punitive for negligence in hazardous handling. (Paras 20, 43-48)

Facts of the case:
Suo motu cognizance taken on news report of explosion at illegal firecracker godown in residential area killing four (two family members of owner, two others), injuring nine with blast/burn injuries, destroying owner’s house, cracking neighboring houses - 4000 kgs explosives seized - Owner arrested, FIRs registered - Initial SDRF compensation Rs.4 lakhs/death (Rs.8 lakhs disbursed to two non-family deceased), Rs.16,000/six injured, Rs.1,20,000 house damage sanctioned but pending for owner’s family - No workmen’s compensation applicable.

Findings of Court:
Project proponent and State jointly/severally liable - Pay Rs.20 lakhs each to legal heirs of four deceased (balance Rs.16 lakhs each for two already partially paid); enhanced amounts to injured per burn %/injury scale; house damage compensation even <15% - Chief Secretary to strengthen vigilance mechanism against illegal hazardous activities.

Issues: Liability for compensation in illegal hazardous storage explosion; quantum beyond SDRF; entitlement of violator’s family; preventive measures.

Ratio Decidendi: Hazardous activities impose absolute liability on enterprise and strict state oversight - Compensation restitutive and punitive, scaled to harm, payable immediately by State irrespective of funds, recoverable from violator - Prior low SDRF awards inadequate for man-made disasters violating safety laws.

Result: OA disposed with directions for immediate enhanced compensation disbursement via UPPCB advance, recovery from violator, house damage assessments, state-wide remedial vigilance mechanism.

Table of Content
1. suo motu cognizance of illegal firecracker explosion incident. (Para 1 , 2 , 3 , 15)
2. reports confirm unlicensed storage causing explosion. (Para 4 , 5 , 6 , 10 , 11 , 12 , 13)
3. initial inadequate compensation sanctioned and disbursed. (Para 7 , 8 , 9 , 52 , 62)
4. absolute liability for hazardous activities. (Para 16 , 17 , 18 , 31 , 59)
5. state liable for environmental rights violations. (Para 19 , 20 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39)
6. regulatory framework for hazardous chemicals/explosives. (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30)
7. disaster management act covers man-made incidents. (Para 40 , 41 , 42)
8. ngt jurisdiction for environmental compensation. (Para 43 , 44 , 45 , 46 , 47 , 48)
9. standard compensation scales for deaths/injuries. (Para 49 , 55 , 75)
10. no workmen’s compensation applicability here. (Para 50 , 51)
11. injured entitled to scaled compensation per medical reports. (Para 66 , 67 , 68 , 69 , 71 , 74 , 76 , 77)
12. house damage compensation regardless of percentage. (Para 78 , 79 , 80 , 81 , 82 , 83 , 84 , 85)
13. preventive mechanisms against illegal hazardous operations. (Para 86 , 87 , 88 , 89)
14. 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 incident resulted in the loss of four lives, including two minors,

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2024 Supreme(Online)(NGT) 4416

State and violators jointly liable for enhanced no-fault compensation in illegal hazardous storage explosions; scales Rs.20L/death, graduated by injury severity; payable immediately, recoverable from violator regardless of assets/funds.

Cases Referred (3)