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Item No. 07

Court No. 1

BEFORE THE NATIONAL GREEN TRIBUNAL

PRINCIPAL BENCH, NEW DELHI

(BY HYBRID MODE)

Original Application No. 66/2022

K. Saravanan

Applicant

Versus

State of Tamilnadu

Respondent

Date of hearing:

16.01.2023

CORAM :

HONBLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON

HONBLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER

HONBLE PROF. A. SENTHIL VEL, EXPERT MEMBER

Applicant:

None.

Respondent:

Mr. Shobhit Dwivedi, Adv. for Tamil Nadu PCB

Mr. Sravan Kumar Jatavath, District Collector, Kallakurichi, Tamil

Nadu

ORDER

1.

Grievance in this application is against violation of environment

safety norms in operation of a fire cracker shop at Shankarapuram,

Kallakurichi District, Tamil Nadu. On 26.10.2021 at 6.15 p.m. 8 persons

lost their lives and 15 persons got injured in a blast due to unscientific

stocked large quantity of fire crackers and banned explosives in the shop

by Selavganapathy son of Sagadevan. Location of the shop is near a bakery,

hotel, another fire cracker shop, mosque and Government Girls Higher

Secondary School but requisite precautions to be taken at such location

were not taken.

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2.

Considering the above, vide order dated 2.2.2022, the Tribunal

constituted a joint Committee of Petroleum and Explosives Safety

Organization (PESO), Chief Fire Officer, State PCB, Superintendent of

Police and District Magistrate, Kallakurichi, Tamil Nadu. The Committee

was to meet within four weeks, undertake site visit ascertain compliance

of norms, including the Manufacture, Storage and Import of Hazardous

Chemicals Rules, 1989 and furnish a factual and action taken report.

3.

The matter was last considered on 22.11.2022 and noting that in

spite of several opportunities no response had been received, the Tribunal

required the personal appearance of the Member Secretary, State PCB and

District Magistrate, Kallakurichi by VC.

4.

The State PCB has filed its report dated 12.01.2023 to the effect that

the dealer in question stored large amount of crackers beyond permitted

limit which was the reason for the incident. A criminal case has been

registered and compensation of

₹5,00,000/- has been paid to the heirs of

each of the eight deceased and at the rate of

₹1,00,000/- to each of the two

injured. Further, loan has been sanctioned and house site allotted to the

affected families and pension of

₹1,000/- per month sanctioned to the

mother of deceased, Sanjai. All crackers shops were checked and five shops

have been sealed and their licenses suspended for violation of norms.

License of the Murugan Crackers Shop (where the incident took place),

owned by Mr. Selvaganapathy S/o Sagadevan, has been cancelled by the

Additional Magistrate and District Officer, Kallakurichi.

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 attracted as laid down in MC Mehta, (1987)1 SCC 395.

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6.

It is well settled that compensation is to be quantified on the

principle of restitution, as laid down inter alia in Gobald Motors, AIR 1962

SC 1. In MCD Vs. Uphaar Tragedy Victims Association – (2011) 14 SCC 481,

it was held that compensation can be ad hoc in absence of data and

approximate amount was laid down. On these broad principles, this

Tribunal

inter alia vide order dated 03.03.2022 in O.A. No. 44/2021;

Virudhnagar firecracker factory blast, more than 30 injured.” laid down

scale of compensation. It has to be

₹20,00,000/- in respect each of the

death and

₹15,00,000/- for burns in excess of 50%,

₹10,00,000/- for burns

beyond 25% and

₹5,00,000/- for injuries with burns beyond 5%.

In the

said matter, the Tribunal constituted a Joint Committee headed by a

former High Court Judge, who gave report dated 22.04.2021, suggesting

remedial measures and safeguards in dealing with such situation. The said

re