National Green Tribunal
News Item Published In Newspaper The ... vs West Bengal Pollution Control Board on 17 July, 2023
Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE)
Original Application No.58/2023/EZ
In Re: News item published in The Times of India
Dated 17.05.2023 titled "9 killed in blast at
Illegal cracker factory in West Bengal's Egra"
...Applicant(s)
Versus
West Bengal Pollution Control Board & Ors.
Date of hearing: 17.07.2023
CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER
HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER
For Applicant(s) : Suo Motu,
For Respondent(s) : Mr. Prithwish Basu, Advocate for R-1,
Mr. Rajib Ray, Advocate for R-2&3,
Mr. Dipanjan Ghosh, Advocate for R-4,
Mr. Ashok Prasad, Advocate for R-5,
ORDER
1. Affidavit dated 12.07.2023 has been filed on behalf of the Respondent No.2, District Magistrate, Purba Medinipur; the same is taken on record.
2. Counter-affidavit dated 15.07.2023 has been filed on behalf of the Respondent No.5, Petroleum and Explosives Safety Organization (PESO), Ministry of Commerce and Industry, Government of India; the same is taken on record.
3. Affidavit also dated 15.07.2023 has been filed on behalf of the Respondent No.3, Department of Disaster Management and Civil Defence, Government of West Bengal; the same is taken on record.
4. Heard the learned Counsel for the parties and perused the documents on record.
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5. Final order of the said case will be uploaded in the website by separate sheets of paper.
..................................... B. Amit Sthalekar, JM .............................................
Dr. Arun Kumar Verma, EM
July 17, 2023,
Original Application No.58/2023/EZ
AK
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Item No.01 Court No.1
BEFORE THE NATIONAL GREEN TRIBUNAL
EASTERN ZONE BENCH, KOLKATA
(THROUGH PHYSICAL HEARING WITH HYBRID MODE) ORIGINAL APPLICATION NO.58/2023/EZ IN THE MATTER OF:
In Re: News item published in The Times of India Dated 17.05.2023 titled "9 killed in blast at Illegal cracker factory in West Bengal's Egra" Applicant(s) Versus
1. Member Secretary, West Bengal Pollution Control Board,
2. District Magistrate & Collector, Purba Medinipur, Kolkata, W.B.,
3. Principal Secretary, West Bengal Disaster Management & Civil Defence Department,
4. The Member Secretary, Central Pollution Control Board,
5. Joint Chief Controller of Explosives, (PESO), Kolkata, W.B. ...Respondent(s) Date of hearing: 17.07.2023 CORAM: HON'BLE MR. JUSTICE B. AMIT STHALEKAR, JUDICIAL MEMBER HON'BLE DR. ARUN KUMAR VERMA, EXPERT MEMBER For Applicant(s) : Suo Motu, For Respondent(s) : Mr. Prithwish Basu, Advocate for R-1, Mr. Rajib Ray, Advocate for R-2&3, Mr. Dipanjan Ghosh, Advocate for R-4, Mr. Ashok Prasad, Advocate for R-5, 3 ORDER
1. The present Original Application arises out of a media report relating to the death of nine persons who are stated to have died on account of blast in an illegal firecracker factory in East Midnapur's Egra on 16.05.2023, cognizance of which was taken by the National Green Tribunal, Principal Bench, New Delhi, on the basis of a new paper report which was registered as Original Application No.354/2023/PB and thereafter the matter was transferred to National Green Tribunal, Eastern Zone Bench, Kolkata, and now re-numbered as Original Application No. 58/2023/EZ. The notice/order of the National Green Tribunal, Principal Bench, reads as under:-
"Order taking cognizance on media report dated 16.05.2023 titled "9 killed in blast at illegal cracker factory in West Benga's Egra"
The media report shows that nine persons died on account of blast in illegal firecracker factory in East Midnapur's Egra on 16.05.2023. Since as per media report, the factory appears to have been operating in violation of environmental norms and the victims are required to be compensated under Section 15 of the NGT Act on the pattern of orders passed by this Tribunal inter- alia in order dated 03/03/2022 in O.A. No. 44/2021, order dated 25/06/2021 in O.A. No.134/2021, order dated 08/03/2022 in O.A. No. 143/2022, order dated 27/05/2022 in O.A. No.198/2022, order dated 12/07/2022 in O.A. No. 450/2022, order dated 13/09/2022 in O.A. No. 545/2022, order dated 16/01/2023 in O.A. No.66/2022, Suo Motu cognizance is taken.
The matter may be listed before the Eastern Zone Bench, Kolkata, on 30.05.2023. Records be transferred to Eastern Zone Bench, Kolkata, for further proceedings.
4 Advance notice be issued to W.B.P.C.B., D.M. concerned, State Disaster Management, C.P.C.B., P.E.S.O. who may file their response, if any, before Eastern Zone Bench, Kolkata, before the next date."
2. The newspaper report, copy of which is on record, mentions that nine persons were killed and 6 injured - two of them critical - in a massive blast at an illegal firecracker factory in East Midnapur's Egra. The blast is stated to have happened at 11 am in Khadikul village near the Bengal-Odisha border, around 170 km from Kolkata.
3. It is reported that there was a deafening explosion heard from more than a kilometer away and roof of the building i.e., the factory, was completely blown away and charred and dismembered bodies of the victims landed on roads, trees and ponds several meters from the house. The factory was allegedly being run by one Bhanu Bag, who was out on bail after being arrested in October, 2022 for running an illegal firecracker factory. It is stated that since the blast, he along with his family is on the run and police suspect that they have fled to Odisha and a CID team is camping in Odisha on the trail of Bhanu Bag.
4. Affidavit dated 15.07.2023 has been filed on behalf of the Joint Chief Controller of Explosives (PESO), Respondent No.5, and the said affidavit only refers to the provisions of Explosives Rules, 2008, and the power of the District Magistrate to grant license to manufacture fireworks or gunpowder or both.
5. The Special Commissioner, Department of Disaster Management and Civil Defence, Government of West Bengal, Respondent No.3, has filed affidavit dated 15.07.2023, stating therein that as per the G.O. No. 1684-FR(40)-FR/4P-3/04 dated 08.09.2009 of the Joint 5 Secretary to the Government of West Bengal for ex-gratia grants to the legal heir(s) of deceased persons who have died due to natural calamity/accidental fire, a sum of Rs. 25,00,000/- (Rupees Twenty Five Lakhs only) has been disbursed from the Relief Contingency fund available for payment of compensation of Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand only) per death case towards the death of ten persons in the firecracker blast.
6. Affidavit dated 12.07.2023 has been filed by the District Magistrate, Purba Medinipur, Respondent No.2, stating therein that a sum of Rs. 25,00,000/- (Rupees Twenty Five Lakhs only) has been disbursed to 10 families in the ratio that Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand only) each has been paid to the next kin of the victims who died in the firecracker incident at Village-Khadikul under Sahara Gram Panchayat in Egra-I Block.
7. In the affidavit, it is further stated that compensatory service has also been given to persons belonging to the family of the victims who lost their lives in the firecracker incident at Khadikul and appointment letters have been issued on 25.05.2023 to them as Home Guard Volunteers by way of special dispensation.
8. We further find from the newspaper report that the matter has been referred to the CID for investigation and on the basis of the investigation report, we expect the State Government to take action against the violator operating the illegal firecracker factory.
9. In this view of the matter, nothing further survives for consideration in the present Original Application. The Original Application No.58/2023/EZ is accordingly disposed of. We make it clear that the compensation paid shall be without prejudice to any claim for further compensation before any other forum which may 6 be made by the legal heirs of the deceased persons under any other law for the time being in force.
10. There shall be no order as to costs.
..................................... B. Amit Sthalekar, JM ............................................. Dr. Arun Kumar Verma, EM July 17, 2023, Original Application No.58/2023/EZ AK 7