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Item No. 01

Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

Original Application No. 29/2023

In re : News item published in The Times of India dated 02.01.2023 titled

4 dead after crackers dumped in a house explode in T.N.

Date of hearing:

24.01.2023

CORAM :

HONBLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HONBLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

HONBLE PROF. A. SENTHIL VEL, EXPERT MEMBER

Respondent(s):

Mr. Sriansh Prakash, Advocate for CPCB

Mr. Shobhit Dwivedi, Advocate for TNPCB

ORDER

1.

Proceedings have been initiated

suo motu

in light of the captioned

media report of death of four persons on account of explosion of crackers

in District Namakal, Tamil Nadu.

2.

In pursuance of advance notice dated 09.01.2023 sent by the

Registry to CPCB, State PCB, District Magistrate, Namakal and Director,

Industrial safety and Health (DISH), Tamil Nadu, a report has been filed by

CPCB on 23.01.2023 which in turn refers to information furnished by TN

PCB as follows:-

i.

During inspection it was observed that the explosion has occurred

in an illegal retail sales stock building located at the premises of

Mr. Thillaikumar at Mettu Theru, Mohanur.

ii.

The above said unit is not a manufacturing unit and it is a retail

stock unit.

iii. It was reported that accident occurred on 31.12.2022 around 3

AM. For new year celebration the house owner has stocked the

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fire crackers. Suddenly at around 3 AM the explosion has

occurred, the reason for explosion yet to investigate.

iv.

The house owner (Mr. Thillaikumar), his wife (Mrs. Priya)

and Mother (Mrs Selvi) and one lady residing in the nearby

has died in the accident.

v.

The building in which explosion occurred was found to be

completely collapsed.

vi. The Police department has filed FIR and reported that the

investigation is underway. A copy of FIR is attached as Annexure-

III.

3.

It is clear from the above that there was illegal storing of fire crackers

in violation of the Manufacture, Storage and Import of Hazardous Chemical

Rules, 1989 (MSIHC Rules) under the Environment Protection Act, 1986.

There is no manner of doubt about applicability of MSIHC Rules. The

crackers are covered by the term explosives mentioned in Schedule I part

I (c). Apart from the that, fire crackers contain Sulphur chemicals falling

in Schedule II and Schedule III. Barium is component of crackers. The

compliance laid down include storage permission for hazardous chemicals

as defined in Rule 2 (e) i.e. those mentioned in the schedules to the Rules.

The Rules also require safety audit, preparation of on-site and off-site plans

and mock drills. Thus, accountability for violation of Rules resulting in

incident in question is required to be fixed. There is also need to ensure

compliance of such Rules in future by such establishments to avoid such

incidents. The victims of damage are entitled to compensation. Since out

of four persons who have died, three were the members of the family of the

owner carrying out the illegal activity, heirs of fourth person who died, Mrs.

Periyakkal, was residing near the spot, is entitled to compensation under

section 15 of the NGT Act. The project proponent having died, the State

has to pay compensation of Rs. 20 lakhs on the principle laid down by the

Tribunal in its earlier orders. Victim cannot be without remedy when State

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authorities have failed to oversee compliance and ensure safety of the

citizen in terms of public trust doctrine.

4.

Vide recent order dated 16.01.2023 in

Original Application No.

66/2022, K. Saravanan v. State of Tamilnadu

, the Tribunal held the State

liable for compensation. Relevant part of the order is reproduced below:-

5.

From the above, it is acknowledged that it is violation of

environmental norms that has led to the incident of death of persons

and grievous injuries to two. In such a situation, principle of absolute

liability is