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HEMANT GUPTA, V. RAMASUBRAMANIAN
SANJAY GUPTA – Appellant
Versus
STATE OF UTTAR PRADESH THROUGH ITS CHIEF SECRETARY – Respondent
JUDGMENT
Hemant Gupta, J.
1. The present writ petition has been preferred by the victims of the fire tragedy which occurred on 10.4.2006 at about 5:40 p.m., the last day of the India Brand Consumer Show organized at Victoria Park, Meerut, Uttar Pradesh by Mrinal Events and Expositions who are being represented as Respondents 10 to 12 herein. For the sake of convenience, Respondents 10-12 are being collectively referred as “Organizers”. This unfortunate incident claimed the lives of 65 persons and left 161 or more with burn injuries.
2. The State of Uttar Pradesh appointed Hon’ble Mr. Justice O.P. Garg (Retired) in terms of provisions of the Commission of Inquiry Act, 1952, For short, the ‘Inquiry Act’, vide order dated 2.6.2006 with the following terms of reference:
(2) To decide the ways and means to keep up the situation in control;
(3) In respect of the aforesaid occurrence, determination of liability and the extent thereof;
(4) Measures to be adopted to avoid the occurrence of such incident in future.”
3. The above appointed Commission submitted its report on 5.6.2007 wherein various witnesses and
The liability of the organizers and the State for the fire tragedy and the extent of compensation payable to the victims.
Compensation for violations of fundamental rights under public law is based on strict liability, independent of private law claims.
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Operators of hazardous activities bear absolute liability for accident harm; State jointly liable for regulatory failure, must pay enhanced restitutive-punitive compensation per Tribunal scales, reco....
The court can award interim compensation for injury due to electrocution under public law jurisdiction; full compensation requires evidentiary assessment in a competent court.
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....
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