National Green Tribunal
News Item Published In The Indian ... vs . Yashyashvi Rasayan Pvt. Ltd. & Anr.); on 23 November, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 01 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 804/2022
In re : News item published in The Indian Express dated 01.11.2022 titled
Delhi : 2 dead in factory fire in Delhi's Narela
Date of hearing: 23.11.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
Respondent(s): Mr. Atif Suhrawardy, Advocate for CPCB
Ms. Jyoti Mendiratta, Advocate for GNCTD
Mr. Narender Pal Singh, Advocate for DPCC
ORDER
1. The matter has been taken up in the light of captioned media report to the effect that a fire broke out in a footwear factory in Outer Delhi's Narela Industrial Area on 01.11.2022 at around 9:30 AM. Two persons -
Akhil (20) and Sonu Thakur (24) died and 18 were injured who were admitted to Safdarjung and RML hospitals. Combustible material such as plastic and rubber caused a lot of smoke and fire spread to other areas within minutes.
2. In pursuance of advance notice dated 02.11.2022 issued by the Registry of this Tribunal seeking response from CPCB, DPCC, District Magistrate, North Delhi, Director, Industrial Safety and Health (DISH) and M/s Balaji Footwear, the Project Proponent (PP), response has been filed by DISH, NCT Delhi, CPCB, DPCC and the District Magistrate, North Delhi.
There is no response from the PPs.
13. The report of the DISH is that the unit in question was engaged in manufacturing of PVC Footwear. The factory is covered under section 2(k) of the Factories Act, 1948. Machinery used is Eva Injection Moulding Machine - 1 no., Rotary Injection Moulding Machine- 9 No., Mixture Machine- 4 No. and Grinding Machine- 2 No. There were violations of provisions of Sections 61 of the Factories Act, 1948 read with Rule 79 of the Delhi Factories Rules, 1950 in not having firefighting equipment as prescribed under Rule 61 of the said Rules read with Section 38 of the said Act, not having certificate of first aid trained person amounting to contravention of the provisions of Section 45 of the said Act read with Rule 63 of the said Rules and emergency exit had not been provided from basement to ground floor, ground floor to first floor, first floor to second floor, second floor to terrace in the factory and failed to maintain all practicable measures to prevent outbreak of fire and its spread, both internally and externally amounting to contravention of the provisions of Rule 61 of the Delhi Factories Rules, 1950 read with Section 38 of the Factories Act, 1948. The factory was being run without a licence, amounting to contravention of the provisions of Rule 3, 3-A & 11-A of the Delhi Factories Rules, 1950 read with section 6 & 7 of the Factories Act, 1948. Cause of incident was that a fire occurred at first floor of the building due to electric short circuit followed by explosion in solvent stored as raw material kept at the same floor in the drums. Precautions had not been taken for safety and health of the workers in contravention of provisions of Section 7A of the Factories Act, 1948. Death was of three workers due to burn injuries and injuries were caused to 20 workers. The PP did not send the written report in Form No. 18, amounting to contravention of the provisions of Rule 96 of the Delhi Factories Rules, 1950 read with Section 38 of the Factories Act, 1948.
24. Report of the CPCB is that a joint inspection was conducted by DPCC, District Administration, Police Administration, Fire Department and National Disaster Response Force team, officials from Delhi State Industrial and Infrastructure Development Corporation Ltd. The inspection team made following observations:-
"i. As per DPCC records, there are two units namely; i) M/s Bala Sundari Industries, and ii) M/s Sandeep Plastic operating at Plot No. 909, Block-E, Narela Industrial Area, Delhi, engaged in the manufacturing of Plastic Dana & printing of straps and manufacturing of footwear, PVC granules & printing on footwear, respectively.
The Consent to Operate (CTO) to M/s Bala Sundari Industries is kept pending by DPCC due to generation of hazardous waste from printing activities as per Hon'ble NGT order dated 20.03. 2020. In case of M/s Sandeep Plastic, CTO was granted on 19.05.2020 with validity upto 12.11.2024.
ii. On the day of the incident, the fire broke out due to overheating of Agro Drum/cylinder used for manufacturing of PVC footwear, as told by eyewitnesses at the site. According to local reports, on the first floor, the cylinder explosion was of such a scale that a man standing in front of the cylinder was thrown out of window grill of the building on the outside road/street.
iii. The incident took place due to the negligence of untrained or unskilled workers and labours inside the premises and also due to the negligence of the owner of the factory.
iv. Around 20 persons were evacuated from the premises on the day of the incident. Out of which, 2 person died on the spot, 7- 8 had major medical emergencies and rest had minor medical emergencies and were shifted to hospitals."
5. Report of the DPCC is already covered in the report of the CPCB.
Report of the District Magistrate, North Delhi is that number of deaths has gone up to six namely " 1. Sonu Thakur S/o Baleshwar Thakur R/o Village Partapur PS Sambhu Ganj, District Banka Bihar, Age 30 Years (MLC No. 5851/22 SRHC Hospital, Narela Delhi.)
2. Akhil, S/o Arvind R/o Village Shapur PS Lakho Distirct Begu Sarai, Bihar, Age 20 Years (MLC No. 5857/22 SRHC Hospital, Narela Delhi.) 3
3. Gulumuddin @ Sameer S/o Aslam R/o Village Patti Mohalaa Ramdas, PS Kheri District Lamkhimpur Kheri, UP age 20 years (MLC No. 5839/22 SRHC Hospital, Narela Delhi.)
4. Atul S/o Durgpal R/o Village Saholi PS Sagna District Sitapur UP Age 21 years (MLC No. 5838/22 SRHC Hospital, Narela Delhi.)
5. Pukar S/o Girja Yadav R/o Village Badauna PS Gurba District Gaya Bihar Age 22 years (MLC No. 5852/22 SRHC Hospital, Narela Delhi.)
6. Chandra shekhar Chaudhary S/o Vishavnath Chaudhary R/o Village Chilhar PS Itar District, Buxar Bihar Age 58 years (MLC No. 5846/22 SRHC Hospital, Narela Delhi.)"
6. Particulars of the 14 injured apart from 6 dead are as follows:-
"
Sl. Name and Delhi Address Permanent Link Person No. parentage, Age Address
1. Sonu Thakur Bhorgarh, Delhi Vill. Partapur, Manoj Thakur S/o S/o Baleshwar Living with PS- Dinesh Thakur Age 30 yrs Subash SambhuGanj, (Chacha) R/o Vill.
Thakur Distt. Banka, Partapur, Banka,
Expired on 7703853588 Bihar Bihar
01.11.2022 at 7765901150
SRHC Hospital
Narela
2. Akhil H. No. 85, Balmiki Vill Shahpur, Nikhil (Brother) S/o
S/o Arvind Mohallah, PS- Lakho, Distt. Arvind R/o Vill
Age 20 yrs ShahpurGarhi Begusarai, Bihar Shahpur, PS-Lakho,
Expired on Delhi Distt. Begusarai,
01.11.2022 at Also at H. No. 7, Bihar Mob. No.
SRHC Hospital Gali no.2, Surya 9354801570
Narela Farm House, 7550449252
Shahpur Garhi,
Delhi
3. Gulumuddin @ C/o Sunny Ka Village - Patti Aamir khan (mama)
Sameer makan, Village - Mohallah S/o Hanif Khan R/o
S/o Aslam Tikri Khurd, Delhi Ramdas, PS- Village Bhalia
Age 17 yrs (on rent) with Khiri, Distt. Bujurg, District
Najim Khan Lakhimpur Lakhimpur Khiri,
(8595571634) Khiri, UP UP. Mob.:
8604001219,. Mob.
No. 8604548473
4. Atul Pockt 13, Shani Village Saholi, Dargapal Singh
S/o Durgpal @ Bazar Road, PS Sagna, (Father)
Dragpal Sector B-4 Narela. District Sitapur, 9005647325
Age 21 yrs UP Village -Saholi, PS-
Expired on Sagna, District
07.11.2022 at Sitapur, UP
Safdarjung Chandan (brother)
Hospital 8382962565
5. Chandra Sekhar C/o Lala (vijay) ka Village- Chilhar, Sonu (son)
Chaudhary S/o makan, near park, PS Itari, Distt. S/o Chandra
Sinath Shahpur Garhi, Buxar, Blhar Sekhar R/o Village
Chaudhary Age Delhi Chilhar, P5- Itari,
58 Distt. Buxar, Bihar
Expired on 9310099851
08.11.2022
9310099851 at Parmod s/o Pam
LNIP Hospital Nath R/o Shahpur
4
Garhi, delhi
9267983051
Chachera Bhai
6. Pukar S/o Rishi ka makan, Village - Dalip Kumar
GirjaYadav near Ramlila Badauna, PS (Brother)
Age 22 yrs ground, Narela. Gurba, District 7091762959
Expired on Gaya, Bihar Village -Badauna,
08.11.2022 at PS-Gurba
Safdarjung District Gaya, Bihar
Hospital Kalyan:(Fatherin
Law) 9162682859
7. Pintu Bhorgarh, Narela, Village Hausi, Mithun (brother)
S/o Bhupender Delhi District - Banka,
Age -22 yrs Bihar
8. Sintu Kureni, Narela, Village Mantu (brother)
S/o Gangadhar Delhi SuataliMariya, 9905849259
Age - 20 yrs PS Momdi,
District -
LakhimpurKhiri,
UP,
9. Pinku Tikri Khurd, Village - Rinku 9170742976
S/o Sarvesh Narela, Delhi. SuataliMariya,
Age 21 yrs PS Momdi,
District -
LakhimpurKhiri,
UP,
10.Monu Yadav Tikri Khurd, Village - Sunil (jija)
S/o Durga Narela, Delhi. Fatusahari, PS 9554661047
Prasad MugraBadsapur,
Age 22 yrs District -
Jaunpur, UP,
11.Parmod S/o B-4, Pocket -9, Village - Ramna Naresh (Chacha)
TilakDhari @ Tilo Flat no. 91, Narela Kura, PS- S/o Mangar Singh
Singh Age 19 yrs (on rent) Belhar, Distt. R/o Village - Ramna
Banka, Bihar Kura, PS- Belhar,
Distt. Banka, Bihar
7667527165
Sahdev (Chacha)
9199127722
12.Rakesh Village Village- Momdi Paneesh s/o Shyam
S/o Sunder Lal TikriKhurd, Delhi Kher, PS- Momdi Lal R/o Village -
Age 24 yrs Kheri, Distt. Momdi kheri, PS
Lakhimpur Momdi Kheri, Distt.
Khiri, UP Lakhimpur Khiri,
UP
7266837194
Chitralekha
(Mother)
8178396822
Madan (brother)
9354(9)047450
13.Suraj @ Musan Tikri Khurd, Delhi Village- Nori D/o Irshad R/o
Khan S/o Dawoodpur, PS- Tikri Khurd, Delhi
Mundan Khan PhoolBehad, 9721827007
Age 18 yrs Dist. Lakhimpur Zasheen (Cousin)
6390453462 Khiri, UP 6394189793
Arshad:9721827007
14.Kishan Dev S/o BalwanKaMakan, Vill. Dhawran, Bittu 7439460325
Mahesh Das ShahpurGarhi, PS FooliDhuma,
Age 25 yrs Delhi Distt.
7439460325 BankaBihar
5
15.Sanjay S/o C/o Banti Ka Village Ajay Thakur S/o
Aanandi Thakur Makan Vilage Barguniya, PS Anandi Thakur R/o
Age 28 yrs Bhorgarh, Delhi Katoria, Distt. Village Barbaniya,
8800436957 Banka, Bihar PS Katoria, Distt.
Banka, Bihar
9625830256
16.Mewalal S/o Pkt 13, SectorB-4, Vill Pavyani, PS Sunita (Wife)
MangaliParsad Narela, Delhi Belagram, Distt. 9198505642
Age-28 yrs Hardoi, UP
9198505642
17.Vinod S/o Teni Pkt 13, SectorB- Vill Saholi, Distt. Mukesh
Age- 30 4,, Narela,Delhi Sitapur, 9198903460
Sidhauli, UP
18.Kali Charan S/o Bhorgarh, Delhi Vill. Chotu 8709789107
Kalu Rai Age- 28 LeelaGhora,PS
yrs Banka, Distt.
93182419 Banka, Bihar
19.Puran S/o Pardeep ka Village- Jhiktiya, Mahesh (Bhai ka
Jagdish Age 20 makan, Bhorgarh, PS Sambhuganj, sala, 7011708484)
yrs Delhi Distt. Banka,
9354181675 Bihar
9263272107
20.Arvind Thakur Village-Tikri Vill. Kataru Santosh (Saala) S/o
S/o Ram Khurd, Delhi Chak Mahmda, Suresh R/o Tikri,
Chander PS-Bilsar OP, Delhi
Age 37 Yrs Distt. Vaishali, 8595322149
8595322149 Bihar.
"
7. Addresses of the 20 victims are given in Annexure 6 as follows:-
"Disaster Patient Details Dated (01/11/2022) S. CR No. MLC Name of Fathers Age/ Percentag Transfer Transfer No No. the Name e of Burn to Hospital CP.
. Patient Sex No.
1 112850 5840/22 Pinku Sarwesh 20/M 79% Safdarjun 4714/22
g
Hospital
xxx .........................................xxx............................................xxx 3 112861 5853/22 Puran Jagdish 20/M 25% Safdarjun 4718/22 g Hospital xxx .........................................xxx............................................xxx 6 112856 5845/22 Monu Durga 22/M 49% Safdarjun 4721/22 Yadav Parsad g Hospital 7 112864 5837/22 Sintu Gangadhar 20/M 36% Safdarjun 4720/22 Kumar g Hospital 8 112848 5835/22 Pintu Bhupender 22/M 59% Safdarjun 4714/22 Rai g Hospital xxx .........................................xxx............................................xxx 6 10 112854 5847/22 Suraj Munan 18/M 35% RML 20220816931 Hospital 11 112874 5854/22 Arvind Ramchander 37/M 46% RML 20220816952 Thakur Hospital 12 112871 5849/22 Rakesh Sundar Lal 24/M 36% RML 20220816938 Hospital 13 112850 5844/22 Parmod Tilakdhari 19/M 40% RML 20220816964 Hospital 14 112849 5834/22 Vinod Jedhi 30/M 15% RML 20220816930 Hospital 15 112847 5841/22 Krishan Mahesh Das 25/M 18% RML 20220816940 Dev Hospital 16 112859 5843/22 Sanjay Anandi 25/M 22% RML 20220816928 Thakur Hospital 17 112852 5848/22 Mewa Lal Magli 28/M 25% RML 20220816947 Prasad Hospital 18 112851 5851/22 Kalicharan Kalu Rai 20/M 32% RML 20220816943 Hospital "
8. We have heard learned counsel representing the Authorities present before the Tribunal who have nothing to add beyond the versions noted above.
9. It is patent that death of six workers took place in the course of hazardous activities of the PPs operating without requisite precautions. As per law laid down in M.C Mehta v. U.o.I (1987) 1 SCC 395, liability of the PP in such circumstances is 'absolute liability' and the victims are entitled to compensation. Minimum compensation has to be paid as per applicable law including the Employees' Compensation Act, 1923.
10. Learned counsel for the District Magistrate has stated that there is a policy of making ex-gratia payment in such cases but the same has not been for want of bank details made even though the incident took place 22 days ago. It is a matter of regret that the Administration should take such long time in collecting the bank details when all particulars of the victims are available and victims require immediate 7 help in such tragedy. The attitude of the Administration shows lack of sensitivity in handling such a human tragedy by a Welfare State.
11. Let the District Magistrate ensure all necessary payments to the victims within two weeks from today. He will be free to interact with all concerned Authorities for this purpose including the Commissioner under the Employees' Compensation Act, 1923 for enforcing statutory liability of the employer. DPCC may ensure further action for violation of environmental safety norms. Consistent with earlier orders on the subject, we direct the Chief Secretary, Delhi to hold a review meeting with all concerned Authorities dealing with the environmental safety within one month to ensure that such incidents are avoided in future.
12. Earlier orders of the Tribunal dealing with such cases in recent past include order dated 07.09.2021 in O.A No. 171/2021, 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" relating to incident of factory fire at Udyog Nagar, Rohtak Road, West Delhi, which also referred to earlier order relating to fire incident reported on 28.02.2021 at Pratap Nagar in North Delhi. Relevant extracts from the said order are reproduced below:-
"
3. The matter was considered on 22.07.2021 in the presence of the District Magistrate, West Delhi and Counsel for the DPCC.There was no response from other noticees. The Tribunal held that the Administration had failed to show any sensitivity in taking action by collecting meaningful information and compensating the heirs of six deceased victims. Accordingly, a joint Committee of CPCB, DPCC, District Magistrate, West Delhi, Director, Industrial Safety and Health and DCP, Outer Delhiwas directed to ascertain the cause of the incident, the status of compliance of the provisions of Water Act, Air Act and the Environment (Protection) Act, 1986 or any other relevant laws on the subject and remedial measures for compensating the victims and steps to prevent such incident in future. The operative part of the order is reproduced below:
8"2. ..... Only DPCC has filed its response. The District Magistrate has appeared in person. Response of DPCC is that incident took place on 21.06.2021 but no inspection could be done in absence of permission of the Fire Department. No consents under the Water (Prevention and Control of Pollution) Act, 1974 (Water Act) and the Air (Prevention and Control of Pollution) Act, 1981 (Air Act) have been given by the DPCC. As per version of nearby industrial units, no industrial activity was being carried on.
3. It is a matter of regret that though six persons have died in a gruesome incident, the administration has not shown sensitivity to collect meaningful information nor taken steps to compensate the heirs of the victims. It is also surprising that despite death of six persons, offence registered is for 'attempt to cause homicide'. Learned DM has informed that ex-gratia compensation of only Rs. 50,000/- per deceased has been announced but not paid. These startling facts show utter lack of concern for the loss of human lives by the concerned authorities. It is further surprising that inspite of notice, Director Industrial Safety and the unit in question have not even cared to put in appearance. DPCC has merely paid lip service by showing inability to provide any information on the subject.
4. The Tribunal has initiated proceedings in view of media information that shoe and garment manufacturing activity was being carried on which prima facie requires compliance of Water, Air and Environment (Protection) Acts and safety protocols which are normally part of consent conditions or conditions of relevant licence issuing by statutory regulators for such activities. Further, considering the magnitude of explosion and deaths, some inflammable hazardous substance may have been stored. The report of the DPCC merely shows that there is huge stock of footwears and packaging material in the premises.
5. The Tribunal has recently dealt with 20 cases of industrial accidents1 involving failure of industrial safety norms and invoking 1 i. Order dated 01.06.2020, relating to incident of gas leak dated 07.05.2020 in LG Polymers India Pvt.Limited at Vishakhapatnam, resulting in death of 11 persons and injuries to more than 100, apart from other damage (OA No. 73/2020, In re: Gas Leak at LG Polymers Chemical Plant in RR Venkatapuram Village Visakhapatnam in Andhra Pradesh); ii. Order dated 03.02.2021, relating to incident dated 03.06.2020 in a chemical factory, Yashyashvi Rasayan Pvt. Ltd. at Dahej, District Bharuch, Gujarat resulting in deaths and injuries and other damage (OA No. 85/2020) (Earlier OA 22/2020) (WZ), Aryavart Foundation through its President vs. Yashyashvi Rasayan Pvt. Ltd. & Anr.); iii. Order dated 19.02.2021, in relation to incident of oil well blow out on 27.05.2020 at Baghjan in the Tinsukia District of Assam resulting in deaths, injuries and damage to the environment (OA No. 43/2020(EZ), Bonani Kakkar vs. Oil India Limited & Ors.). iv. Orders dated 06.07.2020 and 22.12.2020, relating to incident dated 30.06.2020 on account of gas leakage at Sainor Life Sciences factory at Parawada in industrial area on the outskirts of Vishakhapatnam (OA No. 106/2020, 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...");
v. Orders dated 08.07.2020 and 22.12.2020, dealing with the incident dated 01.07.2020 resulting in death of 6 person and injury to 17 due to blast of boiler in M/s Neyveli Thermal Power Station (NLCIL), Cuddalore (OA No. 108/2020, News item published in the "Indian Express" dated 01.07.2020 titled "Tamil Nadu Neyveli boiler blast: 6 dead, 17 injured") and; vi. Orders dated 23.07.2020 and 22.12.2020, in relation to incident of fire engulfed the chemical plant of Visakha Solvents Ltd, Vizag on 13.07.2020 at Ramky CETP Solvents 9 the principle of absolute liability and awarded compensation to the heirs of the victims. Vide order dated 11.06.2021 in OA No. 44/2021, 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" compensation washeld to be payable at a flat rate of Rs. 20 lakhs by the State on the principle building in Pharma City resulting in injuries (OA No. 134/2020, 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"). vii. Order dated 18.12.2020, in relation to incident of explosion in a plastic recycling factory at Sujapur in Malda on 1.12.2020 resulting in death of six persons, including two minors and serious injuries to four persons(OA No. 272/2020, News item published in the "Times of India" dated 20.11.2020 entitled "Six killed as blast tears through Malda Plastic recycling factory").
viii. Order dated 18.12.2020, in relation to incident of methane gas leak in a sugar factory called Lokenete Bapurao Patil Agro Industries Ltd. in Mohol Taluka of Solapur District, Maharashtra on 21.11.2020 resulting in deaths and injuries and other damage (OA No. 274/2020, News item published in the "Indian Express" dated 23.11.2020 entitled "Maharashtra: Two Killed, eight injured in methane gas leak in sugar factory"). ix. Order dated 08.01.2021, in relation to Gas Leak in Agro Company (O.A No. 107/2020, 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") x. Order dated 04.06.2021, in relation to News item published in Navbharat Times dated 24.12.2020 titled "Gas leaks in IFFCO Plant, 2 Officers dead" (O.A No. 04/2021, In re:
News item published in Navbharat Times dated 24.12.2020 titled "Gas leaks in IFFCO Plant, 2 Officers dead") xi. Order dated 11.02.2021, in relation to accident of toxic gas leak in Rourkela Steel Plant in Orissa" (O.A. No. 09/2021, 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") xii. Order dated 11.06.2021, in relation to accident of Virudhunagarfirecracker factory blast (O.A. No. 44/2021, 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") xiii. Order dated 11.06.2021 in relation to accident of quarry blast in Hirenagavalli, Chikkaballapu, Karnataka (O.A. No. 59/2021, In re: News item published in Times Now News dated 23.02.2021 titled "Karnataka: Six killed in quarry blast in Hirenagavalli, Chikkaballapur") xiv. Order dated 11.06.2021 in relation to accident of fire at UPL plant, Jhagadia, District Bharuch, Gujarat (O.A. No. 60/2021, In re: News item published in The Hindu dated 23.02.2021 titled "Two dead, 5 missing in fire at UPL Plant") xv. Order dated 02.03.2021 in relation to accident of massive fire broke out at an illegal factory at Pratap Nagar, North Delhi (O.A. No. 65/2021, 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") xvi Order dated 16.03.2021 in relation to Incident of explosion of 3,000 kg reactor at the production wing of Tyche Industries Limited, on the outskirts of Kakinada, Andhra Pradesh (AP) on March 11, 2021 (O.A. No. 79/2021, In re: News item published in The Hindu dated 14.03.2021 titled "Safety lapses led to reactor blast at pharma unit") xvii Order dated 23.03.2021 in relation to Incident of blast in chemical boiler factory at Pirana-Piplaj road in Ahmedabad, Gujarat (OA No. 258/2020, In Re: News item published in the "Indian Express" dated 04.11.2020 titled "Ahmedabad: Nine killed as godown collapses after factory blast") xviii Order dated 16.06.2021 in relation to Incident of fire in a chemical unit- SVS Aqua Technologies, at Village Urawade, District Pune, Maharashtra (OA 130/2021, 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").
xix Order dated 17.06.2021 in relation to Incident of Incident of fire in Ambika Industries, GIDC Sachin, Pandesara, Tal: Churasi, District Surat-394221, Gujarat (OA 31/2021 (WZ), Rakesh Suresh Chandra Kapadia v. Gujarat Pollution Control Board & Ors.) xx Order dated 25.06.2021 in relation to Incident of blast in firecracker unit in Maharashtra's Palghar on 17.06.2020 at 10:35 am (OA 134/2021, In re: News item published in The Hindustan Timesdated 17.06.2021, titled "Blast in firecracker unit in Maharashtra's Palghar, at least 10 injured") 10 of State's liability for failure to perform regulatory functions. It was observed:
"Persons responsible - Liability of the State for its failure
7. The persons who had taken licences had further rented out the premises. Some private persons have been identified. It is also clear that incidents are frequent. Activities are highly dangerous but are not being regulated by the State PCB, Labour Department and the District Magistrate. The State has failed to put in appearance or give any explanation for its failure to protect lives of citizens by enforcing the law. The reason may be negligence of the concerned officers or incompetence. In such circumstances, the victims have to be compensated by the State and the State can recover the amount from erring parties. Primaryliability isofthe occupiers of the premises where activities were carried out leading to the incidents and the operators of the hazardous activity. It is the occupier who allowed the activities and the operators obviously were directly involved. The liability is joint and several and absolute. As found by the Committee there was failure to follow safety norms. Under MSIHC Rules 1989, Director Industrial Safety and District Magistrate have crucial role to oversee safety norms. In schedule V to the Rules, their responsibilities are clearly laid down. State PCB has responsibility to ensure that no industrial activity have potential for pollution of air or Water are run without consent to establish and consent to operate.Incidents are frequent but the State authorities have failed to perform their regulatory obligations for safety in operation of hazardous activities. We note that GO dated 23.12.2010 has been issued by the State to declare that the firecracker activities are covered by the Factories Act but the High Court has granted stay on 30.11.2011. However, this could not prevent either the State PCB or the District Magistrate or the Director Industrial Safety to discharge their statutory responsibility for ensuring safety of the workers and other citizens. Thus, the State cannot avoid responsibility to pay compensation to the victims in these circumstances. The victims need immediate relief and it is not possible for the victims to chase the violators who are scattered and whose means are not known. It is the State who have by its failure permitted illegal hazardous activities being carried out which has resulted in deaths and injuries. Public trust doctrine applies in the circumstances. The State is at liberty to recover from the violators or the erring officers. We have taken this view recently while dealing with another similar incident in Gujrat where hazardous activity was found to be operated illegally resulting in deaths and injuries and the violator did not appear to have known sources for payment of compensation. Vide order dated 23.03.2021 in O.A. No. 258/2020, In Re: News item published in the "Indian Express" dated 04.11.2020 titled "Ahmedabad: Nine killed as godown collapses after factory blast" this Tribunal held that the State will be liable to pay compensation to the victims except the victims who was responsible for the incident with liberty to recover from erring persons. Relevant extract from the order is as follows:-
"9.......For death of all other persons and injured, the State will be liable to pay compensation, without 11 prejudice to its right to recover the same from the violators of law or erring officers, following due process of law. The responsibility for compliance will be of the Chief Secretary, Gujarat, through the District Magistrate, Ahmedabad. In the light of directions already issued for preventive action by way of compliance of laid down safety norms, the State of Gujrat needs to take remedial measures to ensure that such incidents do not occur and hold accountable persons responsible for failure of the oversight. We also direct a joint Committee of Director, Industrial Safety and Health (DISH), Gujarat, and State PCB in coordination with respective Municipal Corporations and District Magistrates to conduct survey of the entire State to ascertain if any other such activities are going on, and if so to take remedial action by way of closing such illegal activities. The State PCB will be the nodal agency for coordination and compliance. The said Committee may give its report to the Chief Secretary, Gujarat within three months for further remedial action."
Principle of absolute liability
8. It is established law since MC Mehta (1987) 1 SCC 395 and later judgements that liability of the person undertaking hazardous activities for commercial gains for any accident and loss is absolute.
Quantum of compensation
9. From the report, it is clear that 27 persons have died and 26 injured on account of fire incidents which were result of unscientific handling of hazardous chemicals in violation of law. We also find that scale of compensation based on restitution principle needs to be awarded. Procedure of this Tribunal is summary and akin to public law remedy. 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.
10. Accordingly, we hold that the compensation assessed has to be paid by the State of Tamilnadu through the District Magistrate, Virudhunagar. Compliance will be responsibility of the Chief Secretary. Payment be ensured within one month from today. Ex gratia amount already paid may be deducted. We request the TN State Legal Services authority to provide legal aid to ensure that payment is made to genuine heirs of the deceased and to the injured without undue hassle.
12Remedial Measures
11. Apart from requirement of compensating the victims, the issue remains how such incidents are to be prevented and if such incident happens what steps are to be taken to prevent loss of lives and health. There is need for review of the matter at highest level in the State to consider the remedial steps. Hazardous activities need to regulated in terms of quantity of material to be used in the process of hazardous activities, number of persons to be allowed to work and safeguards to be followed and monitoring compliance of such safeguards.
In a recent order dated 3.2.2021 in OA 85/2020, Aryavrat Foundation vs. Yashyashvi Rasayan Pvt Ltd, the Tribunal observed "We note that in the recent past the Tribunal has come across the number of incidents of leakage of gases and handling of hazardous chemicals. On investigation, this Tribunal has found that most of the accidents are result of non-compliance of laid down safety norms under the 1989 Rules and the Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996 [1996 Rules]. There is, thus, need for the establishments handling hazardous chemicals to strictly follow the laid down norms, which need to be overseen by the statutory regulators...
In view of frequent accidents resulting in deaths and injuries, the Chief Secretaries of all the States/UTs may evolve a mechanism to ensure that the companies dealing with hazardous substance must forthwith pay compensation for deaths and injuries to the victims at least as per Workmen Compensation Act, 1923 wherever applicable or the principle of restitution laid down in Sarla Verma (supra), National Insurance Company Ltd. v. Pranay Sethi, (2017) 16 SCC 680 to the victims either directly or through the District Magistrate.
Conduct of safety audits of all establishments having potential for such accidents may be ensured. All States/UTs may also ensure availability of healthcare facilities in the vicinity of such establishments. PCB and DM must assess cost of restoration of environment which should be recovered from company and spent on such restoration. The States and UTs in accordance with 1989 and 1996 Rules need to step up vigilance, surveillance and monitoring to avert such accidents. Preparedness to meet such eventualities be ensured. Regular mock drills may be ensured in respect of onsite and offsite emergency plans. We may also refer to the directions issued by this Tribunal to the MoEF&CC and all the States/UTs on the subject of strengthening regulatory and oversight measures, vide order dated 01.02.2021 in OA 837/2018, Sandeep Mittal vs. Ministry of Environment, Forests & Climate Change & Ors."
13xx xx xx
14. Further, there is need for review at highest level in the State. We direct the Chief Secretary, Tamilnadu to hold a meeting with all the concerned stake holders, as identified by the Committee in the table in the report quoted above, titled 'Remedial Measures to Prevent Accidents', within one month. After necessary deliberations, appropriate remedial measures be identified to avoid recurrence of such incidents in future. The same may be implemented through the District Magistrate or any other appropriate authority as per law, which may be overseen by the Chief Secretary. The State PCB may incorporate appropriate conditions in consents including prohibiting use of banned chemicals, compliance of 1989 and 1996 Rules. Further, mechanism to ensure taking of insurance policies covering risk to life and health of all workers and others likely to be affected by fire or other accidents. Mechanism may provide monitoring of compliance and stopping activities of units not following laid down sops and regulations. Substance of this order and regulatory measures may be published in local area in vernacular language for information of local inhabitants to facilitate information and compliance."
6. We are of the view that in view of prima facie violation of environmental laws, victims are required to be compensated under section 15 of the NGT Act. However, before passing a final order in the matter, it is necessary to have authentic information about the factual position of the nature of activity and nature of violation of law. It is also necessary to require compliance of safety norms to avoid such incidents in future.
7. Accordingly, we direct a joint Committee of CPCB, DPCC, District Magistrate, West Delhi, Director, Industrial Safety and Health and DCP, Outer Delhi to ascertain the cause of the incident, the status of compliance of the provisions of Water Act, Air Act and the Environment (Protection) Act, 1986 or any other relevant laws on the subject and remedial measures for compensating the victims and steps to prevent such incident in future. The Committee may particularly ascertain whether any hazardous inflammable material was stored in the premises. CPCB and DPCC will be the nodal agency for coordination and compliance. First meeting of the Committee may be held within one week. The Committee may visit the site and interact with the stakeholders, including the owner of the unit. Except for site visit, the Committee will be free to conduct proceedings online. It may take assistance of any other individual or institution for collecting all relevant Information. It may also consider the information on internet but verify the same. Information may also be taken from concerned authorities to whom the unit may have applied for any license/registration, including the trademark authorities, from the owner as well as the workers who were rescued. Following information is available on the internet with regard to the unit2 in question:
2https://m.indiamart.com/apekshainternational/about-us.html 14 "Nature of Business: Exporter and Manufacturer Additional Business: Exporter Company CEO: Pankaj Garg Total Number of Employees: 51 to 100 People Year of Establishment: 2006 Legal Status of Firm: Individual - Proprietor Annual Turnover: Rs. 50 Lakh - 1 Crore"
8. However, the Committee may collect facts independently. The report may be furnished within one month by e-mail at judicial- [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. This order will not affect the pending criminal proceedings."
4. In pursuance of above, the joint Committee has filed its report dated 27.08.2021 followed by a supplementary report filed on 06.09.2021.
5. We have heard learned District Magistrate who is present in person and learned Counsel appearing for the DPCC and CPCB. According to the report, the Committee held meetings with the concerned officers and ascertained the details of the persons who lost their lives. The operative part of the report is reproduced below:
"xxx ..........................................xxx ..........................xxx Delhi Police As per the interim report of SHO, PS Paschim Vihar (West), the details of the persons who lost their lives are as under:-
S.No. Name of Age Phone No. Address
deceased
1. Shamshed 19 8743991711 C-144, Bhim
yrs Nagar, Delhi
2. Sonu 22 8009734776 B-19,
yrs Nihalvihar
3. Vikram 21 9953203423 B-19,
yrs Nihalvihar
4. Abhishek 8174910813 NihalVihar
5. Ajay Shukla 22 9999040969 F-230,
yrs Karampura
6. Neeraj 21 9540731732 K-387, Prem
yrs Nagar-2, Kirari
Delhi Police has also stated that blood in gauze of the immediate relative of the deceased persons were collected and have been sent to Forensic Science Laboratory to establish identity of deceased persons through DNA profiling and report is awaited. It was also informed that a 3-D videography of the premises was done before the demolition.
Directorate of Industrial Safety & Health (DISH) of Labour Department As per the report dated 06/08/2021 of Directorate of Industrial Safety & Health (DISH) of Labour Department, during the inspections 15 of the premises on 21/06/2021 and 22/06/2021, it was found that around 70-80 workers were employed in the entire premises who were engaged in the business of online trading of shoes and premises was used as a warehouse of shoes. Three more firms namely M/s Vivaan International, M/s V.K. International and M/s Super Mattress Co. were functioning in the same premises at separate floors apart from M/s Apeksha International. Workers used to come in different shifts for carrying out the work related with online trading and as per the local enquiry, no manufacturing activity was carried out in the premises and no machine was installed/working there and therefore no action is possible under the Factories Act, 1948. The establishment attracts provisions of Employees Compensation Act, 1923 and Minimum Wages Act, 1948 as the premises was being used as a warehouse and not a factory.
Assistant Engineer (Bldg.)-II, Rohini Zone, North DMC As per the report dated 06/08/2021 of Assistant Engineer (Bldg.)-II, Rohini Zone, North DMC, neither any construction activity noticed by the field staff nor any complaint was received for unauthorized construction in respect of the above stated property. The building plan of the impugned property was sanctioned on 19/12/1985 by Building Department (HQ), MCD measuring 800 Sq. Mtr. and abutting on 45' ROW Road. As per local inquiry and visual inspection, it was also revealed that the building is very old. Those constructions existing prior to 07/02/2007 are protected underDelhi Laws (Special) Provisions Act, 2011.
Asstt. Enginecr, Rohini Zone North DMC As per the report dated06/08/2021 of Asstt. Engineer, Rohini Zone, North DMC, regarding grant of license by General Branch, Rohini Zone, it has been submitted that General Branch deals with the issue of granting General Trade/ Storage License for specified trade (neither industry nor warehouse) in confirming areas or the areas covered under Master Plan, 2021 for sale & storage of general items in commercial shops/godowns in residential areas. The above stated property was situated in "Industrial Area" and was not under the jurisdiction of General Branch for issue of any "Trade License" and the license in Industrial Area is issued by Factory License Department of North Delhi Municipal Corporation. Therefore, no general trade/storage license was issued for this property by General Branch of Rohini Zone.
Executive Engineer (M-II), Rohini Zone,NorthDMC As per the report No. EE (M)-II/RZ/2021-22/194 dated 09/08/2021 of Executive Engineer (M-II), Rohini Zone, North DMC, after a major fire broke out atJ-5, Udyog Nagar, various cracks had developed in walls, beams and column of the building hence the building was declared dangerous and notice was issued to the owner either to demolish the building or repair the same. Subsequently, on behalf of owner, Association of the industrial area has demolished the building in phases as per the instructions of Forensic Team. Further, vide another report No. EE (M)-II/RZ/ 2021-22/ 212 dated 17/08/2021, Executive Engineer (M-I1), Rohini Zone, North DMC has informed that MCD has not demolished the building.lt has been further informed that the 16 malba/ obstruction fallen on the road was cleared by the Maintenance Department, Rohini Zone but no article/ item was seized by them before and after the demolition.
Udyog Nagar Factory Owner's Association President of the Udyog Nagar Factory Owner's Association vide his letter No.UNFOA/2021-22/080 dated 05/08/2021 has informed that the demolition work was carried out by MCD and the Association had only help to provide small equipments and food etc. to the various government officers and agencies.
Labour Department Labour Department vide their letter No. JLC/WD/2021/4547 dated 02.08.2021 has informed that Notice dated 16.07.2021 u/s 10A(1) of Employees Compensation Act,1923 has been issued to the management of M/s Apeksha International and to Sh. Pankaj Garg (Director/Proprietor/Partner) at his residence to appear on 02/08/2021 seeking their comments on the liability of injury/death compensation. SHO, Paschim Vihar (West) was also requested to produce the dependents of the injured/deceased and the owner in compliance to Hon'ble High Court order in the FA0No.386/2013 titled "New India Assurance V/s Puran Lal and others" but none appeared from the workmen or management side and the report of PS, Paschim Vihar was also not obtained regarding status of service of summons to the parties. As vital information pertaining to the name/age/address of the injured/deceased are not available till date, compensation could not be awarded. Another summon/notice has been issued to parties for appearance on 19/08/2021 directly and also through SHO concerned.
Delhi State Industrial & Infrastructure Development Corporation DSIIDC is responsible for maintenance and up gradation of development activities in respect of 24 industrial areas out of total 33 industrial areas. Out of the above 24 Industrial Areas, 22 Industrial Areas including the Udyog Nagar Industrial Area, DSIIDC is looking after the maintenance of Roads and storm Water drain only. Other services are being looked after by the Municipal Corporations. Besides, the approved Industrial Area, there are 25 unplanned industrial clusters notified forredevelopment under the Master Plan of DDA. The redevelopment scheme of these unplanned industrial clusters notified for redevelopment will be prepared by concerned local body/land owning agency in consultation with concerned society. DSIIDC is not the land owning agency in any of these 25 unplanned industrial areas and maintenance of these industrial areas is not under the jurisdiction of DSIIDC.
DSIIDC took over the responsibility for maintenance of roads and drains of Udyog Nagar Industrial Area w.e.f. 11/04/2012 but lease administration rights still rest with DDA and all building activity and license are being dealt by North Delhi Municipal Corporation. DSIIDC is only looking after maintenance of roads and drains of Udyog Nagar Industrial area.
17Primary responsibility for Removal of Encroachment from public streets/roads and public land, action on unauthorized construction, Building construction and grant of Factory/Trade License is taken up by concerned DMC in terms of DMC Act 1957. There are enabling provisions under DMC Act to deal with alter/enlarge/extend any factory, workshop or trade premises, restricted use of the premises, construction of building, penalties etc. In the meeting dated 22/08/2014 chaired by the Hon'ble LG, Delhi, it was decided that the removal of encroachments from common areas is primarily responsibility of the respective Delhi Municipal Corporation in joint operation with DSIIDC and Delhi Police and therefore the removal of any encroachment and/or any unauthorized construction in Udyog Nagar Industrial Area lies with North Delhi Municipal Corporation.
Provisions-Municipal factory License is granted under Section 416 and 417 of DMC Act, 1957-
1. That Municipal Corporation license shall be granted on all floors for the area marked working hall/workshop subject to structural safety certificate issued by Registered Structural Engineer or Architect
2. That there is no restriction of change of trade within permissible trade specified in MPD-2021 subject to consent from Delhi Pollution Control Committee, if applicable
3. That NOC from Delhi Fire Service shall be required in case the area of the factory is more than 25 sq. mtr. subject to para 15.5 of MPD-2021 as follows:-
"Any trade or activity involving any kind of obnoxious, hazardous, inflammable, non compatible and polluting substance or process shall not be permitted"
That the working hours are restricted between 8 AM to 6 PM. Running trade at night can be run with prior written permission from factory Licensing Department of DMC.
4. The Employees/labours working in any establishment are being regulated through minimum Wages Act or other applicable laws by Labour Department.
5. DPCC Consent:- Consent to operate/Establish any industry in confirming industrial area is being granted and regulated by DPCC as per the relevant provisions of Air and Water Act. Any other aspects related to pollution matters are being dealt by DPCC as per Environment (Protection) Act 1986 or any other applicable laws.
Delhi Pollution Control Committee As per the report of DPCC, it has been informed that as per their OM dated 08/02/2017 regarding ease of doing business; consent of DPCC is not required for warehouse under Water (Prevention and Control of Pollution) Act, 1974 and Air (Prevention and Control of Pollution Act, 1981 as no processing/manufacturing /hazardous operations are involved. For DG sets installed at warehouses, no 18 consent is required from DPCC, however, these are required to comply with the standards/norms prescribed under Environment (Protection) Rules, 1986.
Factory Licensing Department North Delhi Municipal Corporation As per the policy of Factory Licensing Department, North Delhi Municipal Corporation, Fire Fighting equipment receipt or fire NOC from DFS is required, wherever applicable. In this case, vide letter No. D/97/AO/FL/NDMC/2020-21 dated 16.08.2021, it has been informed that two factory license were issued at J-5, Udyog Nagar as per the details given below:
Sl.No. License No. Description Proprietor Validity of License
1. 0518103545 M/s Expo Auto Smt. Kuldeep Kaur 31.03.2019 industry
2. 0518103547 M/s Expo Auto Mr. Dev RSJ 31.03.2019 industry Anand As per the copies of the license provided by Factory Licensing Department, North Delhi Municipal Corporation, Smt. Kuldeep Kaur is the partner and Mr. Dev RSJ Anand is the proprietor in M/s Auto Expo Industry. In both the licenses, the address is J-5, Ground Floor, Udyog Nagar Industrial Area and the area is 138 sq. mts. each. Factory Licensing Department, North Delhi Municipal Corporation has also submitted the copies of the documents such as Consent Order (Certificate No. G-020414) dated 25.06.2013 issued by DPCC to Sh.
Dev Raj Anand for manufacturing of Auto parts without any trade affluent. This certificate is valid up to 13.03.2022 and another Consent Order (Certificate No. G-013051) dated 23.07.2010 issued by DPCC to M/s Expo Industries (Regd.) for manufacturing of Auto Gear Box Components (without hardening) which was valid up to 16.05.2020. Copies of the online application form and receipt and other related documents were also provided.
BSES Rajdhani Power Limited As per the letter dated 13/07/2021 of BSES addressed to SHO, Police Station, Paschim Vihar regarding physical examination of the building, it has been informed that only one meter/connection was installed at the said premises with sanctioned load of 125KVA. The connection exists in the name of M/s Expo Industries (Regd) bearing CA No. 100001556. The maximum load at the time of fire incident on dated 21.06.2021 at 8.00 AM to 9.00 AM was 6 KVA. It has also been reported that although the premises had sanctioned load of 125 KVA but the maximum demand never exceeded 24 KVA in past one year. The inspection report categorically states that since the BSES HT Cable Network HT equipments were installed in front portion of the building and no physical damages were found in them even at the time of fire and afterwards hence there is no such possibility of any short circuit at their part. Moreover BSES HT Panel (RMU) was equipped with microprocessor based protection system having very fast response for tripping the electric supply in case of any abnormal electrical conditions. BSES maintains only HT11 KV supply of J-5 HT consumer and LT network is on the part of consumer i.e. Transformer. LT Panel, DG set etc are installed and maintained by 19 consumer hence there might be any glitch at the end of consumer. The joint inspection team of BSES has concluded that at the said premises, fire incident dated 21/06/2021 was not attributed because of any lapse/fault of BSES equipment.
Forensic Science Laboratory.
Forensic Science Laboratory has submitted the Crime Scene Report dated 06.08.2021 vide their letter No. SFSLDI.11/5819/ CSM D/ 278/ 21/ 10694 dated 18.08.2021 wherein the status of the crime scene has been described.
Cause of Incident:
Now in view of the various meetings held in this regard and the documents submitted by the various departments, the following is concluded:-
1. The cause of the fire incident was lack of fire safety norms coupled with flouting building bye laws by the owner of the premises/occupier and poor supervision by local municipal body i.e. Building and Licensing Department of Rohini Zone, North DMC. It was observed that the owner of the premises had installed iron grill closing the open space which hampered the employees to save their lives and also the fire department in accessing the building for early dousing of the fire.
2. The provisions of Water Act, Air and the Environment (Protection) Act, 1986 or any other relevant laws have not been complied with making it a prone place for such a major fire incident taking away 06 precious lives.
3. As per the crime scene report submitted by FSL there was extensive burning due to which seat and cause of fire cannot be ascertained.
However, the IO has been advised to forward the debris from ground floor, 1st Floor and 2nd Floor for further examination and detection of inflammable material, if any and also to send the body remains for postmortem examination.
4. As per the BSES report, there is no possibility of any short circuit on the part of BSES based upon the equipments installed by them and found undamaged at the time of fire. However, there might be any glitch at the end of the consumer.
Steps to prevent such incident in future: -
History is full of massive fire incidents in Delhi which has taken heavy tollof human lives. Who can forget one of the massive fire incidents which took place in June 1992 in PVC Market, Jwala Puri. Thousands of Plastic shops were gutted in that fire incident and many people lost their lives. Similarly 17 people lost their lives due to fire in a cracker factory in Bawana on 20/01/2018. Industrial areas are hot bed spots for fire incidents due to congested locations, ignorance, non following of prescribed norms, poor administration etc. Fire incidents are not only limited to Industrial Areas but some Commercial 20 Venues with prefabricated structure (not permanent) have also witnessed such incidents as it happened on 16.04.2019 when a massive fire broke out at a wedding venue in North West Delhi's Netaji Subhash Place in the early hours. Three persons, including a police officer and a fire officer sustained injuries. 22 fire tenders were pressed into service to gauge the fire where around 400 people were at the wedding venue. Such structures do not have the NOC from Fire Department.
Based upon the facts and averments of different Departments and related reports, the following is concluded:-
1. The role of North MCD has been found lackadaisical as it has completely failed to enforce the building bye laws due to which the norms have been openly flouted thereby taking away precious lives
2. Delhi is faced with multiple challenges in terms of preventing fire instances. Due to densely populated areas both in terms of residential as well as commercial/industrial, there is hardly any safe or open passage to bring out proper evacuation plan.
The situation becomes grimmer due to the fact that people usually don't pay any heed to the prescribed norms which ultimately results in loss of life and property. The multiplicity of agencies is again a major issue as chairs keep on exchanging when the issue of fixing responsibility is taken up.
3. Enabling provisions under the Employees Compensation Act, 1923 and Minimum Wages Act, 1948 need to put in force by Labour Department so that kith and kin of the deceased can be reasonably compensated.
4. DSIIDC has informed that there are 33 Approved Planned Industrial Areas and 25 unplanned Industrial Clusters notified for redevelopment under the provisions of the Master Plan document of DDA. Besides this there are many Unauthorized Industrial Areas who do not seek any license either from DPCC, DFS or from the local urban bodies. It is suggested that a task force /committee may be formed under the Chairmanship of District Magistrate (Zone wise) wherein the representatives of DFS, BSES, DPCC, Delhi Police, DISH, Industries Department, Zonal Officials of General / Trade License Branch and of Factory Licensing Branch with the following recommendations:
a) The Committee shall meet at least once in a quarter to review ongoing enforcement activities in the area.
b) The said Task Force shall look into the various complaints received from any source and shall take action as required under the law for violation of the norms that are mandatory in the notified industrial area as well as the unplanned industrial cluster. The task force shall also conduct joint field 21 enforcement drives time to time and take appropriate action against unauthorized units.
c) The task force shall submit quarterly reports to DM/ State Disaster Management Authority.
5. There is multiplicity of licenses being issued by different departments and due to ambiguous provisions in different Acts; the owners tend to bypass them by taking advantage of the gaps in such Acts. A committee of the experts may be formed to re-examine the provisions of different Acts of multiple departments so that such gaps are filled and the owners of the industries may not be able to bypass them.
6. The owners should ensure fire protection equipment (i.e. fire extinguishers, control panels, etc.) are easily accessible.
7. Hazardous waste from oils to chemicals, (flammable, combustible materials should be properly disposed off in order.
8. Regular maintenance services of fire protection equipment.
9. Chemicals, flammable materials or other hazardous substances in building must be stored in a safe place.
10. Building should be kept neat and tidy as lot of clutter especially flammable materials such as paper, boxes, etc. leads to fire spreading faster. It also blocks exits and make it harder to escape if there is a fire.
11. Regular Fire safety demonstrations should be taken such as how to use a fire extinguisher along with the other fire protection devices.
12. Smoking area should be designated that's a safe distance away from the building.
13. Emergency and evacuation plans should be displayed and explained to all the staff to prevent further damages if there's a fire.
14. Due diligence in implementing the fire safety norms, building bye laws by agencies concerned and periodical review thereof.
15. DPCC should revoke the consent where manufacturing units have been closed or their owner changed.
16. North Delhi Municipal Corporation should take adequate action ensuring DG set(s) should be installed within premises by following prescribed guidelines.
It is humbly prayed that this Hon'ble National Green Tribunal may be pleased to take this report on record and pass such further order as this Hon'ble Tribunal may deem fit and proper in the facts in circumstance of the case."
6. We are of the opinion that the deceased having been identified in the report and a part of the compensation having been paid based on satisfaction about genuineness of their identity, there is no reason to delay disbursement of the remaining compensation awaiting further evidence about identity. Accordingly, such compensation may be disbursed at the earliest, unless there is any legal obstruction in doing 22 so. This may be ensured by learned District Magistrate. Liberty is given to deposit the amount with the office of Member Secretary Delhi State Legal Services Authority or to pay the same to the heirs of the deceased. We request the Delhi State Legal Services Authority to facilitate the process and necessary legal aid may be provided to the heirs of the victims so as to ensure that compensation reaches the heirs and the compensation amount is not in any manner squandered away in the process. Primary liability to pay compensation will be of the owners/occupiers of the premises where the incident happened and if payment is not made within one month by the said entities, coercive measures for recovery may be taken. It is also made clear that if recovery is not affected from the said entities within three months from today, the liability will be of the State authorities. The process of disbursement of compensation may be completed within four months.
7. As regards the remedial action against unauthorized unsafe constructions and violation of law in conducting business activities without requisite permissions and without requisite safety norms, remedial action be taken as proposed by the joint Committee which may be reviewed from time to time. We have noted the observations of the Committee that large number of fire incidents are taking place in Delhi resulting in loss of lives including the incidents mentioned in the report - in PVC Market Jawala Puri, fire cracker factory in Bawana and fire incident at wedding venuein North West Delhi's Netaji Subhash Place. We have also noted that it is not desirable to permit hazardous activities at congested locations for which oversight mechanism needs to be strengthened in the light of above recommendations.
8. Recently, another case of fire incident resulting in charring of a person to death at Pratap Nagar at North Delhi has been dealt with by this Tribunal on 31.08.2021 in OA No. 65/2021,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". The Tribunal constituted a Committee comprising of CPCB, DPCC, Director Industrial Safety & Health, Delhi, North Delhi Municipal Corporation and the District Magistrate, North Delhi. The Committee gave its report dated 24.08.2021 to the effect that the factory was being run in violation of judgment of the Hon'ble Supreme Court in M.C. Mehta v. UOI & Ors.3, in residential area in violation of the safety and environmental norms. Fire took place on account of failure to observe safety norms. The Committee suggested that Special Task Force (STF) be constituted for conducting inspection atleast once in three months. The Tribunal accordingly directed taking of further remedial steps by the statutory authorities. It was also observed that constitution of zone-wise STF to check illegal industrial activities and godowns in violation of safety norms should be manned by officers of appropriately higher rank and this aspect may be reviewed by the Chief Secretary, Delhi. The operative partof the order is reproduced below:
"1 to 7. xxx .........................xxx...............................xx 3 (2004) 6 SCC 388 23
8. In view of the above, further action may be taken by the Statutory Authorities, following due process. The compensation assessed may be recovered and if not paid within one month, coercive measures be taken against the concerned persons as well as against the property involved. We request the Member Secretary, Delhi State Legal Service Authority to ensure legal aid to the heirs of the deceased to enable due compensation to be paid to them. If the owners/tenant or other persons against whom action is taken are aggrieved, they are at liberty to take their remedies, including moving this Tribunal. The Authorities may also maintain vigil and take measures to prevent such incidents in future. We have noted the constitution of zone wise STF to check the illegal industrial activities and godowns in residential/non-conforming areas and are of the view that the same should be manned by officers of higher rank than the constitution now proposed. The Chief Secretary, Delhi may review the constitution accordingly."
9. We are informed that the STFs as proposed have yet to be constituted zone-wise. There is need for urgent action in the matter to save human lives which are endangered by such incidents. Adequate and effective monitoring mechanism and vigilance may certainly help the situation. The State is under obligation to do so. Infact this is inalienable State function to ensure public safety.
10. We direct the Chief Secretary, Delhi to forthwith take up this aspect and ensure that appropriate STFs are duly constituted. We expect that the STFs in question, to check illegal industrial activities and godowns in residential/non-conforming areas and also to check necessary safety measures in other areas also where there is a potential for fire incidents, may start functioning within one month from today and their functioning be periodically reviewed by the Chief Secretary, Delhi preferably once in six months.
11. We place on record our appreciation for the assistance rendered by learned District Magistrate personally."
13. From the above, it is seen that there have been directions earlier for effective working of STFs to check safety measures in operating hazardous activities to save human lives which are required to be reviewed by the Chief Secretary, Delhi. There are also directions for speedy disbursement of compensation. While primary liability to pay compensation is of the owner/occupier of the premises where the incident happened but if compensation is not paid or there is a delay in making such compensation, the State Authorities must make payment and recover the same from the PP. Victim should not remain without remedy. Access to remedy has to be 24 provided. We also request Delhi State Legal Services Authority to provide legal aid in such matters.
14. In view of above, we direct the District Magistrate to ensure that victims are duly compensated as per law and if within three months from the date of incident compensation is not paid to the victims, the State itself will be liable to pay compensation at the rate of Rs.20 lakhs in respect of each of the deceased victims and Rs.15 lakhs to persons who have burns in excess of 50%, 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 minor degree of burns or other forms of simple injuries shall be paid Rs.2 lakhs. DPCC may ensure that till payment of compensation and compliance of environment safety norms, the units in question are not to resume their operation or create third party rights in their assets. We hope Delhi State Legal Services Authority (DSLSA) will provide necessary legal assistance to the victims.
15. The District Magistrate, North Delhi may file action taken report in the matter with the Registrar General of this Tribunal on or before 31.3.2023 by e-mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF. If found necessary, the Registrar General may place the matter before the Bench for further directions.
Subject to above, the Application will stand disposed of.
A copy of this order be forwarded to the Chief Secretary, Delhi, District Magistrate, North Delhi, DPCC and DSLSA by email for compliance.
Adarsh Kumar Goel, CP 25 Sudhir Agarwal, JM Prof. A. Senthil Vel, EM November 23, 2022 Original Application No. 804/2022 AB 26