National Green Tribunal
Bhayankar Singh vs State Of Uttar Pradesh on 24 July, 2025
Item No. 04 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 365/2025
Bhayankar Singh & Anr. Applicant(s)
Versus
State of Uttar Pradesh & Ors. Respondent(s)
Date of hearing: 24.07.2025
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
Applicant: Mr. Rahul Khurana, Shaiem Hasan, Ms. Farha Khan and Mr. Hasil Jain,
Advs. for Applicant
Respondent: Ms. Priyanka Swami, Adv. for R - 1 & 3
ORDER
1. In this original application, the Applicants are claiming compensation on account of the death of three children by drowning in the pit illegally dug beyond the permissible limit by the Respondent No. 4, Brick Kiln unit. The allegation of the Applicants is that the Respondent No. 4, Brick Kiln had dug up a pit upto 27 feet deep while illegally operating the brick kiln at Village Shahpur Chamaran, Hazratnagar Garhi, District Sambhal, Uttar Pradesh. The incident had taken place on 05.08.2021 when three minor children while playing in the field had confused the illegal pit dug up by the Respondent No. 4 with a normal agriculture field filled with water and being unaware of the depth of the pit they inadvertently entered there and had drowned. The names of the three children who have died in that accident are as under:
a) Nirbhay aged about 12 years s/o Bhayankar Singh (son of Applicant no.1) 1
b) Shraddha aged about 10 years D/o Bhayankar Singh (Daughter of Applicant no.1)
c) Yug aged about 10 years S/o Sharmendra Singh (Son of Applicant no.2)
2. The Applicants in this case are father of deceased children. It is disclosed that the Applicant No. 1 is the father of Nirbhay and Shraddha and Applicant No. 2 is the father of deceased Yug. The Applicants are claiming compensation on account of the violation of the environmental norms by Respondent No. 4 and consequential damage/loss suffered by the Applicants.
3. In support of his submission, learned Counsel for the Applicants has referred to the newspaper reports enclosed as Annexure A1 to show that the three children had died on account of drowning in a pit which was illegally dug up by the Respondent No. 4. He has also referred to the Panchnama filed as Annexure A2 to support the plea that the death took place on account of drowning and has also relied upon the report of the Lekhpal, Village Milak Shahpur dated 06.08.2021 (page 37). Referring to the order of the UPPCB Annexure A4 dated 25.05.2022, he has submitted that the closure order in respect of Respondent No. 4 was issued on 11.05.2018 and inspite of that the Respondent No. 4 was illegally operating the unit, therefore, the CTE was refused. He has also relied upon the chargesheet as Annexure A6. He has submitted that though the representation was made to the District Magistrate, Sambhal vide Annexure A9, but no action on the said representation has been taken.
He submits that the Applicants have been paid Rs. 4 lakhs against each death, whereas in terms of the order of the Tribunal dated 18.04.2024 passed in OA No. 604/2023 in the matter of Hussain Ahmad versus State of U P & Ors., in the similar circumstances, the Tribunal has granted the compensation of Rs. 20 lakhs to the family member of each 2 deceased child. He has pointed out that the aforesaid order is under challenge before the Hon'ble Supreme Court and the order has been stayed, subject to payment of 50% of the amount and the settlement between the parties in that case is in progress.
4. Issue notice to the respondents.
5. Ms. Priyanka Swami, Advocate accepts notice on behalf of Respondents No. 1 and 3.
6. The Applicant is directed to supply a copy of the OA alongwith enclosures to Counsel for the Respondents No. 1 and 3.
7. Let Notice be issued to the other respondents. The Applicant is directed to serve the respondents and file affidavit of service atleast one week before the next date of hearing.
8. Respondents are directed to file their reply by way of affidavit atleast one week before the next date of hearing
9. List on 28.10.2025.
Prakash Shrivastava, CP Dr. A. Senthil Vel, EM July 24, 2025 Original Application No. 365/2025 dv 3