National Green Tribunal
News Item Published In The Indian ... vs . Yashyashvi Rasayan Pvt. Ltd. & Anr., Oa ... on 29 March, 2023
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(BY HYBRID MODE)
Original Application No. 220/2023
In re: news item published in The Indian Express dated 14.03.2023 titled
"Ludhiana: Three workers dead, two critical as fire breaks out
in hosiery factory"
Date of hearing: 29.03.2023
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Respondent: Mr. Amarjit Singh Bains, Additional Deputy Commissioner, Khanna
Mr. Narender Singh, Joint Director (Factories)
Mr. Ankit Siwach, Advocate for Punjab PCB
ORDER
1. Proceedings have been initiated in this matter suo-motu in the light of captioned media report of death of three workers and burn injuries to two others on account of fire in hosiery factory at Ludhiana.
2. In pursuance of advance notice dated 16.03.2023 issued to the State PCB, Director of Factories and Labour Commissioner, Punjab and Deputy Commissioner, Ludhiana, State PCB has filed reply. It is stated that FIR No. 0049 dated 14.03.2023 has been registered against Arun Mehra owner of Ganesh Trading Corporation, Ludhiana at Division-8, Police Commissionerate, Ludhiana under Section 304-A of Indian Penal Code 1860 on the complaint of Fire Station Officer, Local Bus Stand, Ludhiana. The incident has occurred due to non-availability of fire 1 fighting arrangements and negligence of the owner of the factory, Arun Mehra. The factory was engaged in manufacturing of garments. Fire broke up massively. Five persons were affected. They were rushed to the hospital. Main gate of the factory was found locked. Status of the machinery installed in the factory could not be verified. M/s Ganesh Trading Corporation was engaged in the manufacturing of Readymade garments i.e. T-shirt, Shirt, Track suit, jacket, Pullovers, cardigans, Knitted Cloth etc since the year 1974.
3. Question for consideration is the directions that are called for under section 15 of the NGT Act for compensation to the victims and for remedial environmental safety measures required to be followed to prevent such incidents in future.
4. Several such incidents have been considered earlier by this Tribunal 1 and directions issued to pay compensation to the heirs of the 1
1. In re: Gas Leak at LG Polymers Chemical Plant in RR Venkatapuram Village Visakhapatnam in Andhra Pradesh, OA No. 73/2020 decided on 01.06.2020.
2. Aryavart Foundation through its President vs. Yashyashvi Rasayan Pvt. Ltd. & Anr., OA No. 85/2020 (Earlier OA 22/2020) (WZ) decided on 03.02.2021.
3. Bonani Kakkar vs. Oil India Limited & Ors., OA No. 43/2020(EZ) decided on 19.02.2021.
4. News item published in the local daily "Economic Times" dated 30.06.2020 titled "Another Gas Leakage at Vizag Factory kills two, critically injures four...", OA No. 106/2020 decided on 22.12.2020.
5. News item published in the "Indian Express" dated 01.07.2020 titled "Tamil Nadu Neyveli boiler blast: 6 dead, 17 injured", OA No. 108/2020 decided on 22.12.2020.
6. News item published on 13.07.2020 in the local daily named "India Today" titled "Massive fire engulf Vizag chemical plant, explosions heard, injuries reported", OA No. 134/2020 decided on 22.12.2020.
7. News item published in the "Times of India" dated 20.11.2020 entitled "Six killed as blast tears through Malda Plastic recycling factory", OA No. 272/2020 decided on 18.12.2020.
8. News item published in the "Indian Express" dated 23.11.2020 entitled "Maharashtra: Two Killed, eight injured in methane gas leak in sugar factory", OA No. 274/2020 decided on 16.08.2021.
9. In RE: News item published in the local daily "Indian Express Sunday Express" dated 28.06.2020 titled "Gas Leak in Agro Company Claims life of one", O.A No. 107/2020 decided on 08.01.2021.
10. In re : News item published in Navbharat Times dated 24.12.2020 titled "Gas leaks in IFFCO Plant, 2 Officers dead", O.A. No. 04/2021 decided on 04.06.2021.
11. In re: News item published in The Indian Express dated 07.01.2021 titled "Four workers dead due to toxic gas leak in Rourkela Steel Plant", O.A. No. 09/2021 decided on 11.02.2021.
12. In re: News item published in The News Indian Express dated 12.02.2021 titled "At least 19 dead in Virudhunagar firecracker factory blast, more than 30 injured, O.A. No. 44/2021 decided on 03.03.2022.
13. In re: News item published in Times Now News dated 23.02.2021 titled "Karnataka: Six killed in quarry blast in Hirenagavalli, Chikkaballapur", O.A. No. 59/2021 decided on 22.04.2022.
14. In re: News item published in The Hindu dated 23.02.2021 titled "Two dead, 5 missing in fire at UPL Plant", O.A. No. 60/2021 decided on 14.12.2021.
15. In re: News item published in The Times of India dated 28.02.2021 titled "Delhi : Man charred to death as illegal factory catches fire", O.A. No. 65/2021 decided on 31.08.2021. 2 deceased in view of absolute liability principle laid down in MC Mehta, (1987) 1 SCC 395 at the rate of Rs. 20 lakhs each and to the injured at varying rates depending upon the extent of injuries, following Sarla Verma (2009) 6 SCC 121 and Uphaar Cinema (2011) 14 SCC 481. The Tribunal also held that where Project Proponent fails to pay, it is the liability of State Authorities to pay compensation and recover the same from the Project Proponent.
5. In O.A. No. 110/2023, In re : News item published in Business Standard dated 09.02.2023 titled "Blast at JSPL's Raigarh plant kills two workers, two others injured" dated 28.02.2023, the Tribunal has reiterated the said view as follows:
"15. In OA 09/2021, "In re: News item published in The Indian Express dated 07.01.2021 titled "Four workers dead due to toxic
16. In re: News item published in The Hindu dated 14.03.2021 titled "Safety lapses led to reactor blast at pharma unit", OA No. 79/2021 decided on 31.08.2021.
17. In Re: News item published in the "Indian Express" dated 04.11.2020 titled "Ahmedabad: Nine killed as godown collapses after factory blast", OA No. 258/2020 decided on 23.03.2021.
18. In re: News item published in The Times of India dated 08.06.2021 titled "18, mostly women, killed in fire at Pune chemical unit", OA 130/2021 decided on 01.02.2022.
19. Rakesh Suresh Chandra Kapadia v. Gujarat Pollution Control Board & Ors., OA No. 31/2021 (WZ), decided on 08.11.2021.
20. In re: News item published in The Hindustan Times dated 17.06.2021, titled "Blast in firecracker unit in Maharashtra's Palghar, at least 10 injured", OA No. 134/2021 decided on 25.06.2021.
21. In re: News item published in The Indian Express dated 12.07.2021 titled "Six killed in factory fire:
Owner held, raids on to nab second accused", OA No. 171/2021 decided on 07.09.2021.
22. In re: News item published in The Indian Express dated 07.01.2022 titled "Gujarat: At least 06 dead, 20 sick after gas leak at industrial area in Surat", OA No. 05/2022 decided on 18.01.2022.
23. In re: News item published in India Today dated 26.12.2021 titled "7 dead in boiler explosion at noodle factory in Bihar's Muzaffarpur, probe ordered", OA No. 02/2022 decided on 22.04.2022.
24. In re: News item published in The Economic Times dated 21.12.2021 titled "3 dead, 44 injured in flash fire at IOC's Haldia refinery", OA No. 440/2021 decided on 07.01.2022.
25. In re: News item published in The Tribune dated 22.02.2022 titled "7 killed in blast at firecrackers factory in Himachal Una", OA No. 143/2022 decided on 08.03.2022.
26. In re: News item published in Hindustan Times dated 05.03.2022 titled "Bhagalpur: 14 dead in firecracker unit blast", OA 198/2022 decided on 27.05.2022.
27. In re: News item published in The Times of India dated 12th April, 2022, titled "Six killed in chemical factory blast in Gujarat", OA No. 272/2022 decided on 12.04.2022.
28. In re: News item in NDTV dated 14.04.2022 titled "6 killed, 12 injured after fire breaks out at Andhra Pradesh Pharma Unit", OA No. 284/2022 decided on 20.04.2022.
29. In re : News item published in Business Standard dated 09.02.2023 titled "Blast at JSPL's Raigarh plant kills two workers, two others injured", OA No. 110/2023 decided on 28.02.2023
30. In re: news item in NDTV dated 28.02.2023 titled "2 Dead, 2 Injured in Explosion at Gujarat Pharma Company", OA No. 150/2023 decided on 15.03.2023
31. In re: News item published in Newspaper The Hindu dated 07.03.2023 titled "Three children die during illegal mining in West Bengal", OA No. 204/2023 decided on 28.03.2023 3 gas leak in Rourkela Steel Plant", vide order dated 11.02.2021, it was held that bar under section 17 of the NGT Act will not apply when compensation under Workmen Compensation has not been paid as is the situation herein. Observations from the said order are extracted below:
"On due consideration, we are unable to accept the submission of learned ASG that bar of section 17 NGT Act is applicable. The deceased are not, even according to the RSP, covered by the definition of 'workmen' under the Workmen Compensation Act. RSP has not paid them on that basis. Applicability of ESI Act does not exclude the NGT Act as section 17 is not attracted to such a case. Moreover, unless expressly excluded, jurisdiction of this Tribunal for victims of violation of environmental norms stands. For this, section 33 of the NGT Act provides for overriding effect of the said Act. Thus, the RSP can be required to provide compensation to the heirs of the deceased under section 15 of the NGT Act. Liability to pay compensation for an entity engaged in hazardous activity is absolute as per law laid down in M.C. Mehta, (1987) 1 SCC 395. Minimum such liability is as per restitution principle, though deterrent compensation can be awarded, depending on a fact situation. In awarding such compensation, compensation paid under any other provision can certainly be excluded. Thus, in the present case, the heirs of the deceased will be entitled to compensation which we propose to determine minus the compensation, if any, which may have been paid under any other provision. Needless to say that victims of such accident are normally, as in the present case also, poorest of the poor. Stand that death was by negligence of the victims is untenable and even if true, absolute liability is not excluded at least on restitution basis. Prima facie, the stand of RSP is not acceptable in absence of showing compliance of statutory safeguards under the 1989 Rules framed under the EP Act, which can be enforced by this Tribunal. No details of mock drills have been filed nor onsite and offsite plans produced. We are not debarring the RSP from producing the same before the Committee which we are appointing. The fact remains that there is much to be desired in terms of statutory compliances."
6. In recent order dated 28.03.2023 in O.A. No. 204/2023, In re:
News item published in Newspaper The Hindu dated 07.03.2023 titled "Three children die during illegal mining in West Bengal", the Tribunal has reiterated as under:-
"8. Further, vide order dated 11.06.2021 passed in O.A. No. 44/2021 titled as In re: News item published in The News Indian Express dated 12.02.2021 titled "At least 19 dead in Virudhunagar firecracker factory blast, more than 30 injured" the Tribunal held:-4
"xxx .......................................xxx......................................xxx
9. ...Compensation can be assessed on reasonable basis guided by restitution principle atleast at floor level, leaving other remedies of the victims open. Thus, broadly agreeing with the Committee, we direct that the scale of compensation should be Rs.20 lakhs in respect of each of the deceased victims and Rs.15 lakhs to persons who have burns in excess of 50% and Rs.10 lakhs for persons who have burns from 25 to 50% and Rs.5 lakhs for persons who have injuries between 5 to 25%. Victims who were treated as outpatients and who had but minor degree of burns or other forms of simple injuries shall be paid Rs.2 lakhs."
7. Prima facie, on same pattern compensation has to be paid to heirs of the deceased without prejudice to higher claim being raised at any other forum. In absence of information about the extent of injuries to the two injured, compensation is liable to be paid at least at the rate of Rs. 10 lakhs to each of the injured. Thus, compensation of Rs. 80 lakhs is payable by the Project Proponent. In view of Section 17 of the NGT Act, if compensation has been paid under Workmen's Compensation Act, 1923/Employees State Insurance Act, 1948, remedy before this Tribunal is not be available. However, we are not passing final order without notice to the project proponent (PP) and further enquiry. With regard to compliance of safety norms, matter has to be gone into after further enquiry.
8. Accordingly, a joint Committee of CPCB, District Magistrate and State PCB, with State PCB as nodal agency may ascertain whether and how much compensation has been paid to the victims so far and make recommendation on the pattern of earlier orders. Further, it may be ascertained whether unit in question was limited to dry process only without dying or washing to determine whether exemption from consent is applicable. Report may be filed within two months by email at judicial- [email protected] preferably in the form of searchable PDF/ OCR Support PDF 5 and not in the form of Image PDF and the Project Proponent may also file its response, if any, within two months.
9. We also request Punjab State Legal Services Authority to provide necessary legal aid to the victims of the incident.
List for further consideration on 13.07.2023.
A copy of this order be forwarded to CPCB, District Magistrate, Ludhiana, State PCB and Member Secretary, Punjab State Legal Services Authority by e-mail.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Dr. A. Senthil Vel, EM March 29, 2023 Original Application No. 220/2023 SN 6