National Green Tribunal
Sou Motu Action On The News Regarding ... vs State Of Madhya Pradesh on 6 February, 2024
Item No. 7
BEFORE THE NATIONAL GREEN TRIBUNAL
CENTRAL ZONE BENCH, BHOPAL
(Through Video Conferencing)
Original Application No. 20/2024(CZ)
Suo Moto action on the News regarding
blast in the fire cracker factory in Harda
District of Madhya Pradesh on 06.02.2024
Vs
State of Madhya Pradesh & Ors. Respondent(s)
Date of Hearing: 06.02.2024
CORAM: HON'BLE MR. JUSTICE SHEO KUMAR SINGH, JUDICIAL MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
For Applicant(s): None.
For Respondent(s) : None.
ORDER
1. Danik Bhaskar news reporting (bulletin) at 11.00AM on 06.02.2024 highlighted the fire incident in factory of fire crackers in village Baragarh, Magardha Road, Harda in Madhya Pradesh in which the high explosion and blast in the fire cracker factory took place at 11.00AM in which more than 60 houses are in fire incident and persons and residence of more than 100 houses have been directed to vacate their houses immediately, and :-
i. The explosion which start at 11.00AM continued even after 1:30PM and affected the outsider visiting on the road and injured some of them.
ii. It is reported that in some of the houses near the factory the explosive items were stored illegally without any authority. 1 iii. At about 1:45 PM more that 15 dead bodies were seen at the spot (Dainik Bhaskar reporter).
iv. The tin shades covering the roof top of the houses at the distance of 200 meter were flown in the air due to high explosion.
v. More than 50 persons injured in this incident were reported to be admitted in Harda district hospital.
vi. More than 15 seriously injured persons were referred to special burn unit in Indore and Bhopal.
vii. More than 114 Ambulance were called from adjoining districts Narmadapuram, Betul, Khanda, Sehore, Bhopal in rescue.
2. This Tribunal is empowered to take cognizance of the cases involving questions relating to environment arising out of the implementation of enactments specified in First Schedule of the National Green Tribunal Act, 2010 suo moto as held by Hon'ble Supreme Court in Municipal Corporation of Greater Mumbai V/s. Ankita Sinha and others 2021 SSC Online SC 897. This Tribunal can also take cognizance of such cases on the basis of material on record.
3. In Civil Appeal No. 12122-12123 of 2018 decided on 07.10.2021 in Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors. Hon'ble Supreme Court of India held as follows :-
"1. Explaining the purpose for constituting the special court to deal with environmental issues, in Mantri Techzone (P) Ltd. vs. Forward Foundation15, Justice S. Abdul Nazeer writing for the three Judge Bench, made the following pertinent observations on the status of the NGT:-
"40. The Tribunal has been established under a constitutional mandate provided in Schedule VII List I Entry 13 of the Constitution of India, to 2 implement the decision taken at the United Nations Conference on Environment and Development. The Tribunal is a specialised judicial body for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources including enforcement of any legal right relating to the environment. The right to healthy environment has been construed as a part of the right to life under Article 21 by way of judicial pronouncements.
Therefore, the Tribunal has special jurisdiction for enforcement of environmental rights."
2. During the course of its functioning, the NGT has been recognized as one of the most progressive Tribunals in the world. This jurisprudential leap has allowed our country to enter a rather exclusive group of nations which have set up such institutions with broad powers. To understand how the NGT is perceived globally, we may usefully refer to the views of Chief Justice Brian Preston of the Land and Environment Court of NSW Australia, "The NGT is an example of a specialized court to better achieve the goals of ensuring access to justice, upholding the rule of law and promoting good governance."
3. The environmental impacts on climate change are gaining increasing visibility in the shape of uncertain rains, species extinction, loss of natural habitat and so on. These also have the propensity to diminish fresh water resources, reduce agricultural yields and impact public health, particularly in the cities. The flooding and erosion in riverine and coastal areas are matters of serious concern. Governmental assessment of India‟s increased vulnerability to such changes in the 3 near future also exists with many countries declaring climate emergencies and many others being urged to follow suit. (United Nations. United Nations, December 12, 2020.)
4. Therefore, the nature of ecological imbalance which is visible even in our own times may cascade, and the unforeseen injustice of the future may not be capable of being handled within the frontiers set forth today. The long term and very often irreparable environmental damage which are expected to be arrested by the NGT, urge this Court to advert to what is termed as the „Seventh Generation‟ sustainability principle, or the „Great Law of the Iroquois‟ (as it originates from the Iroquois Tribe) which requires all decision making to withstand for the benefit of seven generations down the line.
5. It is vital for the wellbeing of the nation and its people, to have a flexible mechanism to address all issues pertaining to environmental damage and resultant climate change so that we can leave behind a better environmental legacy, for our children, and the generations thereafter.
6. In circumstances where adverse environmental impact may be egregious, but the community affected is unable to effectively get the machinery into action, a forum created specifically to address such concerns should surely be expected to move with expediency, and of its own accord. The potentiality of disproportionate harm imposes a higher obligation on authorities to preserve rights which may be waylaid due to such restrictive access. It is also noteworthy that the "global impacts of climate change will fall disproportionately on minority and low-income communities". Thus, an affirmative role, beyond mere adjudication at the instance of applicant, is certainly required for serving the ends of environmental justice, as the statute itself requires of the NGT. We cannot validate an argument which furthers uncertainty to justify the role of a spectator, if not inaction, and would most assuredly result in injustice.
7. The NGT, with the distinct role envisaged for it, can hardly afford to remain a mute spectator when no-one knocks on its door. The forum itself has correctly identified the need for 4 collective stratagem for addressing environmental concerns. Such a society centric approach must be allowed to work within the established safety valves of the principles of natural justice and appeal to the Supreme Court. The hands- off mode for the NGT, when faced with exigencies requiring immediate and effective response, would debilitate the forum from discharging its responsibility and this must be ruled out in the interest of justice."
8. In the circumstances where more than 60 houses have been damaged due to fire incident due to explosive in the fire crackers industry, more than 100 houses were forced to vacate. There is a report of high number of human death and injuries to more than 50 persons. The minimum relief is required. Accordingly the owner of the industry is responsible to immediately pay and deposit an amount as interim compensation to the victim -
i. @ Rs. 15 lakh per death cases and
ii. @ Rs. 3 lakh per small injury case.
iii. @ Rs. 5 lakh burn injury case and grievous injuries.
iv. @ Rs. 5 lakh per damage burnt house
v. @ Rs. 2 lakh payable to the persons who have been forced
to vacate their houses.
9. All these amount should be calculated by the District Magistrate, Harda, M.P. and deposited in the account of "District Environmental Compensation Fund"
to be maintained by the District Magistrate, Harda. The amount to be deposited by the owner of the industry. Necessary and immediate relief should be given to the aggrieved, injured and the needy and affected by this incident immediately, with further assistance by the State Government.
10. Chief Secretary, MP is directed to constitute a high level committee to report on the following points:-
i. Total number of death in this incident.
ii. Total number of injuries and the nature of injury. 5 iii. The circumstance under which the industry was permitted to continue in residential area.
iv. Responsibility of the person and authority who permitted to store such huge quantity of explosive material in residential area.
v. How the explosive material were permitted to be stored in nearby houses.
vi. Response of the monitoring agencies who failed to monitor the quantity of explosive and the space of storage of explosive illegal and without authority.
vii. Precautions which are required to be taken for the storage of explosive materials and failure and its vulnerability. viii. It is undisputed that the unit is engaged in manufacturing of hazardous material covered by the 1989 rules and the 1996 Rules it has to prepare and follow onsite and offsite emergency plan which is required to be duly audited and overseen by the statutory authority including the Chief Inspector of the factories (CIFS), Department of Industries, the District Magistrate, the State PCB and the Petroleum and Explosive Safety Organisation (PESO). Overall regulatory framework is under the MoEF&CC and the liability of the unit is strict and absolute for the loss caused by its activities. Dependents / heirs of the deceased as well as the injured persons, the person displaced on account of the incident have to be duly compensated. The unit has also to bear the cost of restoration of environment. ix. We may also have to examine the failure of the concerned statutory authorities in taking necessary, preventing and safety measures.
x. While the comply and other concerned have to be given due opportunity an interim direction for compensation on the basis 6 of available material cannot be delayed. Interim compensation can be awarded on conservative subject to final compensation being determined later. While no compensation for death or injury or displacement may be adequate and environment is priceless, having regard to fact and circumstances and on ad- hoc basis, we assessed interim compensation for death to be (i) Rs. 15 lakh each taking into account multiplier of around 16 and loss of earning of about Rs. 1 lakh a year, taking the minimum wage, apart from conventional sums, (ii) for grievous injury Rs. 5 lakh per person and for other injuries as noted above. The factory may make an interim deposit on the above criteria to be calculated by the District Magistrate excluding the deposit payment already made in pursuance of the order of State PCB or otherwise or under the Workmen's Compensation Act, 1923 are any other statutory provisions or ex gratia in relation to the present incident Disbursement may be made by preparing an appropriate plan by the District Magistrate in consultation with the District Legal Service Authority. The amount may be deposited within 10 days from today. Disbursement may be made within one month thereafter. If the unit/factory fails to make the deposit, the State will be at liberty to recover the same by coercive methods but the disbursement may in such case be made out of the State funds within one month with right of the State to recover the amount from the unit.
xi. The committee as directed above will search out the facts and specifically the report (i) the sequence of events (ii) causes of failure and persons and authorities responsible therefore (iii) extent of damage to life human and non-human, public health and environment - including water, soil and air (iv) steps to be 7 taken for compensation of victims and restitution of the damaged property and environment and the cost involved. xii. Remedial measures to prevent reoccurrence. xiii. Any other incidental or allied issues found relevant. xiv. Identify and take appropriate action, responsible for failure of law in permitting the unit to operate without statutory clearance or in violation of rules.
xv. The risk study dealing with the hazardous chemicals and precaution required to be taken to check the further incidence particularly inter unit dealing with hazardous materials.
11. It is to be noted that the industry (fire crackers) was running in violation of Explosive Rules, 2008 notified by the Ministry of Commerce and Industry, Department of Industry Policy and Promotion notification especially in violation of Rules 71, 82 and 83 and other rules which are quoted below :-
71. "Possession in licensed premises.--(1) A person holding licence for possession of explosives granted under these rules shall store the explosives only in premises specified in the licence.
(2) The licensed magazine or store house shall be kept securely closed or locked at all times except when goods are being placed in or taken from it or when it must be kept open for some other purpose in connection with the management of such premises.
(3) The keys of the licensed magazine shall, at all times be kept secured in licensee's own custody or of his authorised agent and shall be produced for opening the magazine or store house whenever so required by an inspecting officer.
(4) The name and address of the person alongwith passport size photograph with whom the keys will be kept shall be furnished to the licensing authority and the Controller having jurisdiction.
8
82. Store house for fireworks or safety fuse.-- (1) Store house shall be used only for possession of fireworks not exceeding five thousand kilograms or safety fuse not exceeding fifty thousand meters and not for sale. (2) A person holding licence for possession and sale of fireworks or safety fuse from a shop shall be eligible for a licence for one store house per shop.
(3) The store house shall be constructed as per Specification 3 of Schedule VII.
83. Explosives permitted for possession and sale from shop.--(1) No explosives, other than fireworks, gun powder, small arm nitro compound and safety fuse, permitted in licence shall be stored in a shop for possession and sale.
(2) Construction of shop.--The shop shall be constructed of a brick, stone or concrete and the shop shall be closed and secured so as to prevent unauthorised person from having access thereto.
(3) The premises shall have storage area not less than nine square meters and not more than twenty five square meters.
(4) The shop shall --
a) be located on the ground floor of a building completely separated from other parts of the building by substantial walls having independent entrance and emergency exit from open air and having doors opening outwards, if applicable;
b) not be situated in the sub-level or basement or mezzanine floor;
c) not be situated under the upper floor used for the purpose of dwelling;
d) not be situated under or nearby any staircase or lift;
e) be accessible for fire fighting; and 9
f) have no electrical apparatus or battery or oil lamp or similar equipments capable of producing spark or ignition and all electrical wiring in the shop be fixed and effectively sealed or conduited or mechanically protected; the main switch or circuit breaker be provided at the immediate accessible position outside the premises.
86. Safety distances to be maintained.--(1) Factory or magazine--The factory licensed for manufacture or magazine licensed for possession, sale or use of explosives shall maintain safety distance specified in Schedule VIII and condition of licence, as the case may be. (2) Store house.--The store house licensed for possession of fireworks or safety fuse shall maintain safety distance of three metres from protected works and minimum fifteen metres from any such premises or any other premises used for storage of similar explosives, flammable or hazardous materials.
(3) Shop.--The shop licensed for storage and sale of small arms nitro-compound, fireworks or safety fuse shall be at a distance of minimum fifteen metres from any such premises or any other premises used for storage of similar explosives, flammable or hazardous materials.
88. Fireworks to be sold from licensed premises only.--No person shall sell fireworks from any premises other than those licensed under these rules.
92. Precautions to be observed at site.--(1) The electric power at the blasting site shall be discontinued as far as practicable before charging the explosives. (2) No work other than that associated with the charging operations shall be carried out within fifteen metres of the holes unless otherwise specified to the contrary by the licensing authority.
(3) When charging is completed, any surplus explosives, detonators or fuses shall be removed from the vicinity of the hole and stored at a distance which would 10 prevent sympathetic detonation in the event of a charge detonating in any hole.
(4) The holes, which have been charged with explosives, shall not be left unattended till the blasting is completed.
(5) Care shall be taken to ensure that fuse or wires connected to the detonators are not damaged during the placing of stemming material and tamping."
12. Section 101 requires the prior approval before construction for manufacture, possession for sale, use of explosive and the district magistrate has been made responsible for permitting it. Rule 101 (3) provides the precautions which are required to be taken by the Chief Controller or Controller while granting the prior approval. Accordingly the approval/consent of the District Magistrate, Chief Controller or Controller and Director/Chief of Fire Safety is required to be verified as to whether these permission has been granted or not and as to whether necessary precautions has been taken.
13. In the matter of Dr. P.G. Najpande & Anr. Vs Chief Secretary, Govt. of M.P. & Ors. following observations were made :-
1. That the notice has been issued to all the District Collectors of State of M.P. from the Department of Home, Madhya Pradesh vide letter dated 31.10.2021 for compliance of the directions passed by the Hon‟ble Supreme Court of India in Arjun Gopal Vs. Union of India & Ors. The authorities further directed to take the undertaking of all the manufacturers of firecrackers, license vendors and stockiest in the prescribed formats and also directed that minimum five samples should be sent from every district to MPPCB for testing and based on the report of the sample further action is taken by the concerned authorities. The 11 undertaking from the license holders includes the following aspects which are quoted below :-
1) "That the license holders will manufacture/store/transport improved crackers and green crackers.
2) That the license holders will not manufacture/store/transport the firecrackers which are prohibited by the Hon‟ble Supreme Court of India.
3) That the license holders will not
manufacture/store/transport the firecrackers
wherein the barium salt is used.
4) That the license holders will not
manufacture/store/transport the joined firecrackers i.e. series crackers or laries.
5) That the license holders will not
manufacture/store/transport the firecrackers
wherein there is presence of chemicals like
lithium/arsenic/antimony/lead/mercury.
6) That the license holders will not purchase any kind of firecrackers from online e-commerce companies".
14. The necessary directions were issued to ensure that there is no manufacturing, stocking, sale and transportation of fire crackers which causes danger to health of the people and have the adverse impact on the environment.
15. We further direct the District Magistrate as follows :-
i. The District Magistrates in every district may take steps to ensure that banned fire crackers are not sold in terms of order of the Hon‟ble Supreme Court dated 23.10.2018 (Order dated 23.10.2018 (2019) 13 SCC 523. ii. The District Magistrate, on a complaint or otherwise, will recover compensation from violators of the above directions on the parameters already fixed.
12 iii. Any victim of pollution, apart from other remedies, can approach the District Magistrate for compensation, by showing evidence of individual damage and the person responsible for the damage. Such claim may be dealt with by a reasoned order.
iv. If no such claim is made for six months after collection of the compensation, the amount credited to the „District Environment Compensation Fund‟ can be spent for restoration of the Environment in the District.
16. Issue notices to the owner of the factory (Mr. Rajesh Aggarwal, Raju, Mr. Somesh Aggarwal, Somu and Mr. Pradeep Aggarwal) of Harda owner of the factory, Secretary, Environment, MP, Chief Controller, Petroleum and Explosive Safety Organisation, Bhopal, Municipal Council, Harda, District Magistrate, Harda and Inspector General of the Zone to submit the reply in the matter.
17. A copy of the order be forwarded to the Chief Secretary on available e-mail for information and necessary action.
List it on 06th March, 2024.
Sheo Kumar Singh, JM Dr. Afroz Ahmad, EM 06th February, 2024 O.A. No. 20/2024 (CZ) PN 13