National Green Tribunal
News Item In India Today Dated ... vs Shabir Ali S/O Shri Ameer Baksh on 22 April, 2025
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Item No. 24 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No. 438/2023
IN THE MATTER OF:
1. News item in India Today dated 14.06.2023
titled "2 minors among 4 killed as explosion
rocks illegal firecracker godown in UP owners held" ...Suo Motu
Versus
1. Shabir Ali S/o Shri Ameer Baksh,
Mauja Sari, Kasba Gangaur, Janpad Sambhal,
Uttar Pradesh -244302.
2. District Magistrate, Sambhal
Kaneta Nikat Bahjoi, Sambhal, NH-93,
Chandausi Badaun Road, Bhjoi,
Uttar Pradesh-244410.
3. State of Uttar Pradesh,
Through Principal Secretary,
Environment, Forest & Climate Change,
Bapu Bhawan, Sachivalaya, Lucknow-226001.
4. Chief Controller of Explosives,
A Block CGO Complex Fifth Floor Seminary Hills
Nagpur, Maharashtra-440006. ...Respondents
Counsel for Applicant:
Sou Motu.
Counsel for Respondents:
Ms. Priyanka Swami, Advocate for District Magistrate, Sambhal. Mr. Gi. Gi. George, Advocate for Director of Explosives. Mr. Bhupendra Pratap Singh and Mr. Anurag Kumar, Advocates for UPPCB (Through VC).
CORAM: HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON HON'BLE MR. JUSTICE SUDHIR AGARWAL JUDICIAL MEMBER HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER Reserved on: 20.01.2025 Pronounced on: 22.04.2025 O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled
"2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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Judgment BY HON'BLE MR. JUSTICE ARUN KUMAR TYAGI, JUDICIAL MEMBER
1. A News item captioned "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held" appeared in India Today dated 14.06.2023. Cognizance of the matter was taken by this Tribunal suo motu on the basis of the above said news item after registration thereof as Original Application (O.A.) No. 438/2023.
2. The relevant part of the news item by India Today News Desk is reproduced as under:-
"Massive fire, followed by an explosion rocked an illegal firecracker godown in Uttar Pradesh's Sambhal district on Tuesday, killing four people and injuring seven others. The owner who had stored firecrackers in the residential area without permission was arrested.
Four people, including two children, were killed, while seven others were injured after a massive fire and an explosion rocked an illegal firecracker godown in Uttar Pradesh's Sambhal district on Tuesday.
The incident happened in Gunnaur township in the evening, police said.
The deceased were identified as Guddo (40), Anam ( 25), Sumaiya (12) and an unidentified minor.
initially, a fire broke out in a firecracker godown, belonging to Sabir Ali, in Sarai locality, District Magistrate Manish Bansal told PTI.
Further, an explosion rocked the godown, resulting in the death of three people, while an unidentified minor who was referred to Aligarh for treatment, succumbed to injuries on the way, said incharge of Community Health Centre (CHC) Gunnaur, Dr Pawan Kumar.
Seven others who sustained injuries were admitted to a hospital for treatment.
SP Chakresh Mishra said that the owner, Ali, had stored firecrackers in the residential area, apart from the place for which permission was granted.
Ali was later arrested in connection with the case."
3. The matter was listed before this Tribunal on 13.07.2023 after issuing advance notices to the concerned authorities namely Member Secretary, Uttar Pradesh Pollution Control Board (UPPCB), District Magistrate, Sambhal, Joint Chief Controller of Explosives (PESO), Agra and ADG of State Disaster Response Force, Uttar Pradesh. O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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4. Report dated 02.08.2023 of the Sub-Divisional Magistrate, Sambhal forwarded by the District Magistrate, Sambhal vide letter dated 30.08.2023 was filed by Chief Environmental Officer (C7), UPPCB by email dated 06.10.2023.
5. Reply was filed by the Joint Chief Controller of Explosives, Agra, U.P. PESO by email dated 11.10.2023. The relevant part of the reply is reproduced as under:-
"X X X X
2. That a massive fire followed by an explosion occurred in an illegal firecracker premises in Gunnaur township, Uttar Pradesh's Sambhal district. This tragic incident resulted in the loss of four lives, including two minors, and injuries to seven others. The fireworks were manufactured at an unllcensed place and were kept for drying on the roof as told by the eyewitnesses. The godown owner, Sabir Ali, who had stored firecrackers in a residential area without any valid permission or licence, had been arrested in connection with the case.
3. That as per the Petroleum and Explosives Safety Organisation (PESO) a valid licence is required to manufacture any explosive products. The accused Sh. Sabir Ali on whose premises the explosion took place was not having any valid licence from PESO.
4. The reported cases which involves the storage of explosives or firecrackers at unauthorized locations are promptly forwarded to the District Authorities for immediate action to prevent any untoward accidents or incident and protect the well-being of the community in line with the Rule 127 of Explosives Rules, 2008 (Amended in 2019), the extract of which is reproduced below:-
"127 power of officers to prevent dangerous practices. -(1) If in any matter which is not provided for by any express provision of, or condition of a licence granted under these rules and a Controller or District Magistrate finds any factory, magazine or place where an explosive is being manufactured, possessed or sold, or used or any part thereof, or anything or practice therein or connected therewith or with the handling or transport of explosives to be unnecessarily dangerous or defective so as, in his opinion, to tend to endanger the public safety or the bodily safety of any person, such Controller or District Magistrate may, by an order in writting, require the occupier of such factory magazine, store house or place or the owner of the explosive, to remedy the same within such time as may be specified in the order. (2) Where the occupier or owner objects to an order made under sub rule (1), he may appeal to the appellate authority in accordance with rule 121."
5. That the District Sambhal (U.P) comes under the jurisdiction of Joint Chief Controller of Explosives, PESO, Agra. The O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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Answering Respondents office is also carrying out surprise inspections of the licensed premises before the Deepawali time in compliance to the Chief Controller of Explosives; Nagpur's order every year to ensure adequate safety measures and to prevent any accident."
6. Report of the Regional Officer, UPPCB, Sambhal was also filed by the Chief Environmental Officer (C7), UPPCB by email dated 06.10.2023.
7. Since the reply and the report did not disclose payment of any compensation to the injured or family members of the deceased persons, this Tribunal, vide order dated 13.10.2023, directed personal appearance of the District Magistrate, Sambhal through virtual mode to apprise this Tribunal on the issue of grant of adequate compensation to the affected innocent persons.
8. In compliance thereof Shri Manish Bansal, District Magistrate Sambhal appeared through virtual mode before this Tribunal on 01.12.2023. He did not deny the fact that till then no compensation had been paid to the family members of the deceased or the injured persons. He submitted that since the two of the deceased were family members of the person responsible for the explosion, a clarification had been sought from the State Government, if compensation is payable in respect of death of those two persons. He submitted that nine persons had received simple injuries but no medical reports of those nine persons had been placed on record. He did not dispute that the family members of the other two deceased persons are entitled for the compensation and sought time to get the necessary clarification from the State Authorities as also to examine the judgment/orders of this Tribunal in the matters of Original Application No. 450/2022, In re: News item published in The Indian Express dated 05.06.2022 titled "12 dead in fire at Hapur factory that 'produced firecrackers illegally' : 'Saw people with burns jumping into drains" and Original Application No. 44/2021, In re:
O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled
"2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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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" in respect of payment of compensation to the family members of the victims in such incidents and submitted that the entire process of finalization of the compensation would be completed within a period of one month.
9. Vide order dated 01.12.2023 the District Magistrate, Sambhal was directed to file fresh report in terms of the observations and statement made.
10. In compliance thereof report dated 12.01.2024 was filed by the District Magistrate, Sambhal by email dated 12.01.2024. The report discloses sanctioning of amount of Rs. 16 lakhs payable to legal heirs/dependents of 04 deceased persons as death compensation at the rate of Rs. 4 lakh each and amount of Rs. 1,20,000/- as compensation for damage to house. The report further discloses the award of compensation amount at the rate of Rs. 16,000/- per person to six injured persons.
11. This Tribunal observed that the compensation which has been given to the family members of the deceased as also the injured persons is inadequate and impleaded (i) Shabir Ali s/o Shri Amir Baksh, Mauja Sarai, Kasba Gangaur, Janpad Sambhal (ii) District Magistrate, Sambhal;
(iii) State of Uttar Pradesh through Principal Secretary, Environment, Forests and Climate Change Department and (iv) Chief Controller of Explosives and ordered issuance of notices to them.
12. Notice was duly served by the District Magistrate, Sambhal on respondent no. 1-Shabir Ali (Project Proponent) in compliance with order dated 07.01.2025 but respondent no. 1-Shabir Ali (Project Proponent) has failed to appear before this Tribunal personally or through Counsel.
O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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13. Action taken report dated 03.01.2025 has been filed by the District Magistrate, Sambhal. The relevant part of the action taken report is reproduced below:-
"ACTION TAKEN REPORT ON BEHALF OF DISTRICT MAGISTRATE SAMBHAL, IN COMPLIANCE WITH THE ORDER DATED 03.10.2024. ALONG WITH THE SUPPORTING AFFIDAVIT.
X X X X
3. That on December 1, 2023, Shri Manish Bansal, District Magistrate, Sambhal, appeared via virtual mode and admitted that, up to that point, no compensation had been disbursed to either the families of the deceased or the injured individuals. He submitted that two of the deceased were family members of the person allegedly responsible for the explosion; hence, a clarification had been sought from the State Government on whether compensation is payable to their legal heirs. He did not dispute that the other two deceased persons' families are entitled to compensation.
4. That the District Magistrate sought additional time to consult with the State Authorities and to review the judgments/orders of the Hon'ble Tribunal in:
a. Original Application No. 450/2022, In Re: News item published in The Indian Express dated 05.06.2022 titled "12 dead in fire at Hapur factory that 'produced firecrackers illegally': 'Saw people with burns jumping into drains"'; and b. Original Application No. 44/2021, In Re: News item published in The New Indian Express dated 12.02.2021 titled "At least 19 dead in Virudhunagar firecracker factory blast, more than 30 injured", so as to understand compensation norms for similar incidents.
5. That according to letter number 1258/Rashtriya Nigam Karya/2023-24, dated June 14, 2023, issued by Tehsildar Gunnaur, District Sambhal), the incident took place on June 13, 2023, around 6:00 PM, when firecrackers allegedly stored at the residence of Shabir Ali (s/o Shri Amir Bakhsh) in Mau Sarai, Gunnaur, caught fire and caused an explosion. The resulting blast demolished Shabir Ali's house entirely and caused cracks in neighboring houses. copy of Tehsildar Gunnaur's letter number 1258/Rashtriya Nigam Karya/2023-24, dated 14.06.2023, is being filed herewith and marked as Annexure No.-1.
Four persons died and nine were injured, whose details appear below.
DETAILS OF THE NINE INJURED PERSONS O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"-7-
S. Name Address
No.
1 Vinod Kumar s/o Sarai, Kasba Gunnaur
Samuel
2 Rajesh Kumar s/o Sarai, Kasba Gunnaur
Samuel
3 Ravi Kumar s/o Samuel Sarai, Kasba Gunnaur
4 Monu (alias Jaswant) Sarai, Kasba Gunnaur
s/o Kallu
5 Pramod s/o Satyaveer Sarai, Kasba Gunnaur
6 Pravesh s/o Devendra Sarai, Kasba Gunnaur
7 Mery Paul d/o James Sarai, Kasba Gunnaur
Paul
8 Sanu s/o Chand Sarai, Kasba Gunnaur
9 Labib s/o Nasir Sarai, Kasba Gunnaur
DETAILS OF THE FOUR DECEASED PERSONS
S. Name Address
No.
1 Om Moh. Sarai, Kasba
Gunnaur
2 Guddo Moh. Sarai, Kasba
Gunnaur
3 Shivaiya Moh. Sarai, Kasba
Gunnaur
4 Agam Moh. Sarai, Kasba
Gunnaur
4. That the Relief Commissioner, Uttar Pradesh, through letter number 4807/10A0KA0/2023-24, dated November 17, 2023, addressed to the District Magistrate, Mathura, and copied to all District Magistrates in Uttar Pradesh, stated that "Fire" is included within the ambit of recognized disasters under the State Disaster Relief Fund (SDRF) guidelines, irrespective of the underlying cause. Consequently, relief and ex-gratia payments are permissible in fire-related incidents. copy of Relief Commissioner, Uttar Pradesh's letter number 4807/10A0KA0/2023-24, dated 17.11.2023, is being filed herewith and marked as Annexure No.-2.
That the Disaster Management Act, 2005, defines a disaster as:
"disaster means a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"-8-
manmade causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected."
That according to these provisions, assistance for loss of life due to all types of fires (except in cases of murder or suicide) is legally justified, and gratuitous relief is to be extended to the families of the deceased without differentiating between residential and non-residential premises.
5. That in furtherance of the Relief Commissioner's directive, funds were sought from the Government via office letter number 265/DI0A0APRA0/2023, dated November 22, 2023, for providing financial assistance to the victims' families. Subsequently, by order number 1638(i)/R0N0KA0 (Working)/Daily A0/2023-24, dated November 29, 2023 issued by the Sub-District Magistrate, Gunnaur, the following compensation was sanctioned: INR 16,00,000/- (INR 4,00,000/- each) for the four deceased persons, plus INR 1,20,000/- for damage to one house, totaling INR 17,20,000/-. copy of office letter number 265/DI0A0APRA0/2023, dated 22.11.2023, is being filed herewith and marked as Annexure No.-3. copy of the Office of the Sub-District Magistrate Gunnaur's order number 1638(i)/R0N0KA0 (Working)/Daily A0/2023-24, dated 29.11.2023, is being filed herewith and marked as Annexure No.-4.
DETAILS FOR THE DECEASED AND HOUSE DAMAGE
S. Victim/ Account IFSC Code Bank Amount (₹)
N Account No. Name
o. Holder
1 Om/(Jas 06690017 PUNB00669 Punjab 4,00,000
want/Su 00079568 00 National
ndari) Bank
2 Guddo/ 06690015 PUNB00669 Punjab 4,00,000 +
House 01151577 00 National 1,20,000
Damage Bank
(Shajeb
Shayma)
3 Anam 06690015 PUNB00669 Punjab 4,00,000
(Shajeeb 01151577 00 National
S/o Bank
Shabir
and
Shaima
D/o
O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled
"2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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Shabir) 4 Shivaiya 33823574 SBIN000268 State 4,00,000 / 410 9 Bank of (Naseem India /Wife of Pappu Total 17,20,000 That an FIR bearing number 218/2023 was lodged at Police Station Gunnaur, District Sambhal, with Shabir Ali named as the accused. The deceased individuals listed at serial numbers 2 and
3 above, namely Guddo and Anam, are the wife and daughter of Shabir Ali, respectively. copy of First Information Report (FIR) No. 21/8/2023, is being filed herewith and marked as Annexure No.-
5. That via office letter number 271/D.A.P.P./2023-24, dated December 2, 2023, the Additional Chief Secretary, Government of Uttar Pradesh, Revenue Section-10 was requested to clarify whether the families of Guddo (wife of the accused) and Anam (daughter of the accused) are eligible for ex-gratia in light of the accused's involvement. Meanwhile, INR 8,00,000/- (INR 4,00,000/- each) has already been disbursed to the families of the other two deceased, Om and Shivaiya. copy of office letter number 271/D.A.P.P./2023-24, dated 02.12.2023, is being filed herewith and marked as Annexure No.-6.
6. That through office letter number 300/D.A.P.P./2023-24, dated January 5, 2024, the Deputy District Magistrate, Gunnaur and the Assistant Labor Commissioner, Sambhal were asked whether compensation would be payable under the Workmen's Compensation Act, 1923, as referenced in paragraph 6 of the Hon'ble Tribunal's order dated July 12, 2022, in OA No. 450/2022. copy of office letter number 300/D.A.P.P./2023-24, dated 05.01.2024, is being filed herewith and marked as Annexure No.-7.
7. That in response, the Deputy District Magistrate, Gunnaur, by letter number 3028/ST/202-24, dated January 6, 2024, stated that there was no registered or legal factory at the location of the incident and that none of the nine injured persons qualified as laborers or workmen. Consequently, no compensation is payable under the Workmen's Compensation Act, 1923. copy of Deputy District Magistrate Gunnaur's letter number 3028/ST/202-24, dated 06.01.2024, is being filed herewith and marked as Annexure No.-8.
8. That similarly, the Assistant Labor Commissioner, Sambhal, in letters numbered 49 51, dated January 5, 2024, and 63- 65/S0Shi, dated January 6, 2024 confirmed that none of the four deceased or nine injured met the definition of laborers/workmen. Thus, the Workmen's Compensation Act, 1923, does not apply to the present case. copy of the Assistant Labor Commissioner, Sambhal's letter number 49-51, dated 05.01.2024, is being filed O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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herewith and marked as Annexure No.-9. copy of the Assistant Labor Commissioner, Sambhal's letter number 63-65/S0Shi, dated 06.01.2024, is being filed herewith and marked as Annexure No.-10.
9. That the Sub-District Magistrate, Gunnaur, submitted a report by letter number 3029/ST/2023-24, dated January 6, 2024, indicating that Shabir Ali's house was 100% destroyed, while neighboring houses sustained cracks and less than 15% damage. By letter number 1-11099/59/2022, dated October 13, 2022. copy of the Sub-District Magistrate Gunnaur's letter number 3029/ST/2023-24, dated 06.01.2024, is being filed herewith and marked as Annexure No.-11. copy of the Secretary, Government of Uttar Pradesh, Revenue Section-11's letter number 1/ 11099/59/2022, dated 13.10.2022, is being filed herewith and marked as Annexure No.-12.
10. The Secretary, Government of Uttar Pradesh, Revenue Section- 11, laid down revised guidelines for assistance under the State Disaster Relief Fund (SDRF) and the National Disaster Relief Fund (NDRF) for the period 2022-23 to 2025-26. Under these guidelines:
o Fully damaged/destroyed houses (plain areas): ₹1,20,000/-
o Fully damaged/destroyed houses (hilly areas): ₹1,30,000/-
o Partially damaged houses (≥15% damage): ₹6,500 (Pucca), ₹4,000 (Kutcha) That since Shabir Ali's house was totally destroyed, ₹1,20,000/- has already been sanctioned under order number 1638(i)/R.N.K. (Working)/Dainik A./2023-24, dated November 29, 2023, but its final disbursement is pending further guidance. Houses with damage below 15% are ineligible for compensation under the cited norms.
11. That initially, the nine injured individuals were reported to have minor injuries. However, pursuant to the Hon'ble Tribunal's order dated December 1, 2023, a more detailed report was requested by office letter number 302/DI0A0APRA0/2023-24, dated January 5, 2024, from the Sub-District Magistrate, Gunnaur, and the Chief Medical Officer, Sambhal, seeking:
1. Classification of the injuries,
2. Duration of hospitalization,
3. Whether any injured person sustained a permanent disability,
4. Copies of medical reports for all injured individuals. copy of office letter number 302/DI0A0APRA0/2023-24, dated 05.01.2024, is being filed herewith and marked as Annexure No.-
13.
(i) That in compliance, the Chief Medical Officer, District-Sambhal, via report dated January 9, 2024, copy of the Chief Medical Officer, District-Sambhal's report, dated 09.01.2024, is filed herewith and marked as Annexure No.-14. furnished the following details:
O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"-11-
MEDICAL DETAILS OF THE NINE INJURED PERSONS Sr. Disea Treatment Admission Injury No. Name Age Sex se/Inj Centers Duration Type ury
1. Vinod 50 M Dist. Hospital 2 days Normal Kumar s/o Sambhal; (Dist.
Samuel Blast/ Panna Lal Hosp.) + 5
Burn Hospital days
Injury (Panna)
2. Rajesh 45 M JNMC Aligarh; 1 day Serious
s/o Mannat JNMC) + 7
Samuel Blast/ Hospital days
Burn (Mannat)
Injury
3. Ravi 35 M Dist. Hospital 2 days Serious
Kumar s/o Sambhal; (Dist.
Samuel Blast/ Panna Lal Hosp.) + 5
Burn Hospital days
Injury (Panna)
4. Monu (alias 6 M Blast/ Referred to 15 days Serious
Jaswant) Burn Aligarh (JNMC) (JNMC
s/o Kallu Injury Aligarh)
5. Pramod s/o 30 M Blast/ Not referred - Normal
Satyaveer Burn
Injury
6. Pravesh 15 M Blast/ Not referred - Normal
s/o Burn
Devendra Injury
7. Mery Paul 27 F Blast/ Dist. Hospital 2 days Normal
d/o James Burn Sambhal
Paul Injury
8. Sanu s/o 28 M GTB → 3 days Serious
Chand URBAN → (GTB) + 3
Blast/ AIIMS days
Burn (URBAN) +
Injury 15 days
(AIIMS)
9. Labib s/o 45 M Blast/ Not referred - Normal
Nasir Burn
Injury
O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled
"2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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(ii) That according to the Medical Superintendent, Community Health Center-Gunnaur and the Sub-District Magistrate, Gunnaur (letter number 3030/ST/2023-24, dated January 6, 2024;, none of the nine injured persons suffered any disability. copy of the Medical Superintendent, CHC Gunnaur's letter number 3030/ST/2023-24, dated 06.01.2024, is being filed herewith and marked as Annexure No.-15.
9. That the Secretary, Government of Uttar Pradesh, Revenue Section-11, through letter number 1-11099/59/2022, dated October 13, 2022 (Annexure No.-12 previously cited), promulgated revised guidelines for ex-gratia assistance from the SDRF and NDRF for 2022-23 to 2025-26. Under Serial No. 1:
• Grievous injury requiring hospitalization:
• ₹16,000/- per person if hospitalization exceeds one week • ₹5,400/- per person if hospitalization is less than one week
(i) That based on these guidelines, the Sub-District Magistrate, Gunnaur, through office order number 1750/R.N.Ka. (Work)/Daily Aa0/2023-24, dated January 9, 2024.Copy of office order number 1750/R.N.Ka. (Work)/Daily Aa0/2023 -24, dated 09.01.2024, is being filed herewith and marked as Annexure No.-16., sanctioned and disbursed ex-gratia payments to six eligible injured individuals, as set out below.
EX-GRATIA ASSISTANCE FOR SIX INJURED PERSONS Name of Injured / Father's Name / Residence Sanctione Sr. Bank Account No. IFSC d Amount No. Name (₹) Ravi Kumar s/o 1 Jorch H. Samuel, Mohalla Sarai, Gunnaur BARBOGU Bank of 35630100012538 16,000 NNAU Baroda Rajesh Kumar s/o 2 Jorch H. Samuel, Mohalla Sarai, Gunnaur State SBIN0002 31889694257 Bank of 16,000 689 India O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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Vinod Kumar s/o
3 Jorch H. Samuel, Mohalla Sarai, Gunnaur SYNB0009 Syndicate 93332250001595 16,000 333 Bank Mary Paul d/o Syndicate James Paul, Bank 4 Mohalla Sarai, SYNB0009 Gunnaur 93332200026776 16,000 333 5 Monu (alias Jaswant) s/o Kallu, Mohalla Punjab Sarai, Gunnaur 06690017000795 PUNBO066 National 16,000 48 900 Bank Shanu s/o Chand, 6 Mohalla Sarai, Gunnaur CNRBO01 Canara 110044800825 16,000 9333 Bank Total 85,400
10. That via office letter number 301/DI0A0PR0PRA0/2023-24, dated January 5, 2023, the Sub-District Magistrate, Gunnaur, was asked to clarify the reasons why the deceased and injured persons were present at the incident site. In response (letter number 3029/ST/2023-24, dated January 6, 2024), he explained that the deceased and injured were either residents or neighbors of the location. There was no registered or legal factory at the site, and none of those affected were employed there. copy of office letter number 301/DI0A0PR0PRA0/2023- 24, dated 05.01.2023, is being filed herewith and marked as Annexure No.-17.
11. That explosion was allegedly caused by illegal storage of firecrackers, leading to the registration of FIR No. 218/2023 at Police Station Gunnaur, District Sambhal. Legal proceedings remain ongoing.
12. That further, according to the Assistant Labour Commissioner, none of the deceased or injured are considered laborers/workmen; hence, no compensation obligation arises under the Workmen's Compensation Act, 1923.
O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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13. That as stated above, by office letter number 271/D.A.P.P./2023-24, dated December 2, 2023, a communication was sent to the Additional Chief Secretary, Government of Uttar Pradesh, Revenue Section-10, seeking a decision regarding gratuitous assistance for the families of Guddo (wife of Shabir Ali) and Anam (daughter of Shabir Ali), given that Shabir Ali stands accused in the FIR.
14. That since no response has yet been received, another letter, number 295/D.A.P.P., dated January 2, 2023, was again forwarded to the Additional Chief Secretary. As soon as the requisite clarification is provided, appropriate steps will be taken regarding compensation for the families of Guddo and Anam. Copy of office letter number 295/D.A.P.P., dated 02.01.2023, is filed herewith and marked as Annexure No.-18.
15. That with utmost respect and humility, the District Magistrate, Sambhal, Uttar Pradesh, submits that the cost of Rs. 10,000/- imposed by this Hon'ble Tribunal has been duly paid. Copy of the receipt, evidence of the payment of the said amount, is being filed herewith and marked as Annexure No.-
19.
16. That in the above-captioned matter, the Hon'ble Tribunal cited a judgment passed in Original Application No. 44/2021 (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") to determine compensation for victims of firecracker factory explosions. That in Paragraph 10 of the said judgment, the Hon'ble Tribunal made the following observations:
"Taking note of the fact that in the Uphaar tragedy victims case the maximum compensation was Rs.10 lakhs, but it related to an incident that took place in 1997, almost 25 years back, we will double the compensation for death at Rs.20 lakhs per family 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. The amounts shall be directed to be paid within the time the Tribunal may set and direct a further liability of interest at 12% p.a. for default of payment. The compensation is not merely a financial reparation for the loss of lives and injuries that have restitutive attributes but also designed to be punitive for the criminal negligence in carrying out hazardous activities in brazen violation of several laws that we have outlined above. The compensation amounts must necessarily therefore, be higher than what could occasion in a straightforward case of granting compensation as a welfare measure such as under the Workmen's (Employees') Compensation Act. ... The compensation amounts must necessarily therefore, be higher than what could occasion in a straightforward case of granting O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"-15-
compensation as a welfare measure such as under the Workmen's (Employees') Compensation Act."
That at Paragraph 15, the Hon'ble Tribunal further stated:
"We reiterate the above view. Almost two years have gone and victims could not get relief as awarded and directed by this Tribunal. Stand of the State is against facts and law, apart from being unfair and unjust. State is not entitled to any further indulgence. It has already been made clear that State is at liberty to recover the amount from erring enterprises. The State is also under obligation to take preventing measures for ensuring environmental safety of citizens and maintaining strict vigil to avert such incidents. Thus, even on fresh consideration, we reiterate the directions in the orders of this Tribunal dated 11.06.2021 and 03.03.2022, already reproduced above. The State may take steps for compliance at the earliest, preferably within one month from today."
17. That in light of the above observations, the Hon'ble Tribunal has clearly underscored (i) the necessity to pay compensation at enhanced rates for victims, and (ii) the State's right to subsequently recover such amounts from erring enterprises and individuals responsible for hazardous activities.
18. That the District Magistrate, Sambhal, most respectfully submits that the victims in the instant case have already been compensated to the extent permissible by the available resources. That any additional or higher compensation, as suggested by the Hon'ble Tribunal in the above-cited paragraphs, cannot be paid at this juncture due to the non- availability of sufficient funds in the District Administration. That furthermore, upon assessing the assets of the offender, they have been found to be valued at only Rs. 2,55,000/-, rendering it impossible to recover any significant amount from the accused to fulfill the higher compensation scales set forth by the Hon'ble Tribunal. Copy of the assessment report is herewith annexed as ANNEXURE 20
19. That it is also respectfully submitted that compensation is intended solely for the victims of the explosion and not for the offenders, even if they sustained injuries in the same incident. In accordance with the directions and principles laid down by the Hon'ble Tribunal, the District Magistrate is neither in a position nor legally mandated to compensate the accused for injuries that occurred during the course of their alleged unlawful activities.
14. We have heard the learned Counsel for the respondents and gone through the material placed on record.
15. As per letter number 1258/Rashtriya Nigam Karya/2023-24, dated 14.6.2023 of Tehsildar Gunnaur, District Sambhal, the incident took O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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place on 13.06.2023, around 6:00 PM, when firecrackers allegedly stored at the residence of Shabir Ali (s/o Shri Amir Baksh) in Mohalla Sarai, Gunnaur, caught fire and caused an explosion. The resulting blast demolished Shabir Ali's house entirely and caused cracks in neighboring houses. Dead bodies of three persons namely Shivaiya d/o Pappu, Guddo w/o Shabir Ali and Anam d/o Shabir Ali were recovered and Seven injured persons namely Pramod s/o Satyaveer, Ravi Kumar s/o Samuel, Rajesh Kumar s/o Samuel, Vinod Kumar s/o Samuel, Pravesh s/o Devendra, Sanu s/o Chand Khan and Mery Paul s/o James Paul were rescued from the debris of demolished house. The explosion was of such magnitude that Monu (alias Jaswant) s/o Kallu, who was walking in front of his house about 200 meters away with his 6 months old son named Om in his lap, and his son Om were hit by splinters and were taken to the Hospital where Om was declared brought dead. 2000 kgs burnt/partially burnt explosive material was seized from the spot. As Shabir Ali s/o Amir Baksh, had stored firecrackers in a residential area without any valid permission or licence from PESO, FIR no.218 dated 13.06.2023 was registered against him. Shabir Ali was arrested in connection with the case and on completion of investigation chargesheet (challan) has been filed against him. In FIR no. 218 dated 13.06.2023 it was mentioned that explosions were taking place in the house of Salim and Shabir Ali but in the reports subsequently filed there is no mention whether any explosion took place in the house of Salim. On search another 2000kgs explosive material was recovered from house of Salim s/o Amir Baksh regarding which FIR no. 219/2023 was registered and accused Salim s/o Amir Baksh was arrested but co-accused Bhura s/o Akhtar and Furkan s/o Nanhu have not been arrested so far. Status of investigation in FIR no. 219/2023 is not mentioned. What was the source of supply of explosive material is also not mentioned. O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"-17-
16. The case involves questions as to liability of the Project Proponent and the State and instrumentalities of the State for payment of compensation to legal heirs/dependents of the deceased, injured and owners of neighboring houses damaged.
Liability of the Project Proponent for payment of compensation
17. The growth of hazardous industries, processes and operations in India has been accompanied by the growing risks from accidents, not only to the workmen employed in such undertakings, but also innocent members of the public who may be in the vicinity. Such accidents lead to death and injury to human beings and other living beings and damage private and public properties.
18. In M.C. Mehta vs. Union of India and others AIR 1987 SC 965 :(1987) 1 SCC 395 Hon'ble Supreme Court considered the question as to what is the measure of liability of an enterprise which is engaged in an hazardous or inherently dangerous industry, if by reason of an accident occurring in such industry, persons die or are injured and observed as under:-
"We are of the view that an enterprise which is engaged in a hazardous or inherently dangerous industry which poses a potential threat to the health and safety of the persons working in the factory and residing in the surrounding areas owes an absolute and nondelegable duty to the community to ensure that no harm results to anyone on account of hazardous or inherently dangerous nature of the activity which it has undertaken. The enterprise must be held to be under an obligation to provide that the hazardous or inherently dangerous activity in which it is engaged must be conducted with the highest standards of safety and if any harm results on account of such activity, the enterprise must be absolutely liable to compensate for such harm and it should be no answer to the enterprise to say that it had taken all reasonable care and that the harm occurred without any negligence on its part. Since the persons harmed on account of the hazardous or inherently dangerous activity carried on by the enterprise would not be in a position to isolate the process of operation from the hazardous preparation of substance or any other related element that caused the harm the enterprises must be held strictly liable for causing such harm as a part of the social cost of carrying on the O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"-18-
hazardous or inherently dangerous activity. If the enterprise is permitted to carry on an hazardous or inherently dangerous activity for its profit, the law must presume that such permission is conditional on the enterprise absorbing the cost of any accident arising on account of such hazardous or inherently dangerous activity as an appropriate item of its over- heads. Such hazardous or inherently dangerous activity for private profit can be tolerated only on condition that the enterprise engaged in such hazardous or inherently dangerous activity indemnifies all those who suffer on account of the carrying on of such hazardous or inherently dangerous activity regardless of whether it is carried on carefully or not. This principle is also sustainable on the ground that the enterprise alone has the resource to discover and guard against hazards or dangers and to provide warning against potential hazards. We would therefore hold that where an enterprise is engaged in a hazardous or inherently dangerous activity and harm results to anyone on account of an accident in the operation of such hazardous or inherently dangerous activity resulting, for example, in escape of toxic gas the enterprise is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis-a-vis the tortious principle of strict liability under the rule in Rylands v. Fletcher (supra). We would also like to point out that the measure of compensation in the kind of cases referred to in the preceding paragraph must be co-related to the magnitude and capacity of the enterprise because such compensation must have a deferent effect. The larger and more prosperous the enterprise, the greater must be the amount of compensation pay-able by it for the harm caused on account of an accident in the carrying on of the hazardous or inherently dangerous activity by the enterprise."
19. It was experienced that more often than not, the majority of the people affected by industrial accidents were from the economically weaker sections and suffered great hardships because of delayed relief and compensation. While workers and employees of hazardous installations were protected under separate laws, members of the public were not assured of any relief except through long legal processes. Industrial units seldom had the willingness to readily compensate the victims of accidents and the only remedy available for the victims was to go through prolonged litigation in a Court of Law. Some units did not have the financial resources to provide even minimum relief. In view of this facts situation it was considered essential to provide for mandatory public liability insurance for installations handling hazardous substances to provide minimum relief to the victims.
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The Public Liability Insurance Act, 1991
20. Accordingly, the Parliament enacted the Public Liability Insurance Act, 1991. Section 2 (a) defines the expression 'accident' and reads that 'accident' means an accident involving a fortuitous or sudden or unintended occurrence while handling any hazardous substance resulting in continuous or intermittent or repeated exposure to death of, or injury to, any person or damage to any property but does not include an accident by reason only of war or radio-activity. Section 2 (d) defines the expression 'hazardous substance' and reads that 'hazardous substance' means any substance or preparation which is defined as hazardous substance under the Environment (Protection) Act, 1986 (29 of 1986), and exceeding such quantity as may be specified, by notification, by the Central Government. Section 4 imposes duty on owner to take out insurance policy providing for contract of insurance insuring him against liability to give relief under Section 3 (1) before he starts handling any hazardous substance. Section 3 (1) obligates the owner to give such relief as is specified in the Schedule for death and injury to any person other than a workman or damage to property resulting from an accident and Section 3(2) embodies the principle of no fault liability. Section 8 (1) declares such relief to be in addition to any other right to claim compensation under any other law for the time being in force and Section 8 (2) provides for reduction of the amount of such compensation by the amount of relief paid under Section 3 (1). Section 6 makes provision for filing of application for relief while Section 7 deals with award of relief. Section 7 (a) provides for establishment of 'Environment Relief Fund'.
The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 and the Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996.
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21. In exercise of the powers conferred by Section 6, 8 and 25 of the Environment (Protection) Act, 1986, the Central Government enacted the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 and the Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996.
22. Section 2 (e) of the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 and Rule 2 (b) of the Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996 respectively define expression 'Hazardous Chemical' in identical manner and these provisions provide that 'Hazardous Chemical' means:-
(i) any chemical which satisfies any of the criteria laid down in Part I of Schedule 1 or listed in Column 2 of Part II of this Schedule;
(ii) any chemical listed in Column 2 of Schedule 2;
(iii) any chemical listed in Column 2 of Schedule 3.
23. Para C of Part I of Schedule 1 of the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989, which lays down the criteria regarding the explosives, reads as under:-
"Explosives: explosives mean a solid or liquid or pyrotechnic substance or a mixture of substances or an article.
(a) Which is in itself capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings;
(b) Which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as the result of non-detonative self sustaining exothermic chemical reaction."
24. Part II of Schedule I of the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989 contains list of hazardous and toxic chemicals. Rule 3 lays down the duties of authorities and Rule 4 lays down general responsibility of the occupier during industrial activity. Rule 6 specifies the industrial activities to which Rules 7 to 15 apply. O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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Rule 7 prohibits an occupier from undertaking any industrial activity without approval and notification of the site. Rule 13 requires preparation of on-site emergency plan by the occupier while Rule 14 requires preparation of off-site emergency plan by the authority. Rule 15 mandates the occupier to give information to the persons liable to be affected by a major accident regarding the nature of the major accident hazard and the safety measures and the do's and don'ts to be adopted in the event of a major accident. Schedule 5 enlists the concerned authorities with their legal backing and duties and corresponding Rule. Para 8 mentions duties of Chief Controller of Explosives appointed under the Indian Explosives Act and Rules 1983 and Para 9 mentions duties of the District Collector or District Emergency Authority designated by the State Government.
25. Rule 2 (a) of the Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996 defines chemical accidents and Rule 2 (f) thereof defines major chemical accident. Rules 3, 6 and 8 of the above said Rules respectively provide for constitution of Central Crisis Group, State Crisis Group, District Crisis Group and Local Crisis Group and Rules 5, 7, 9 and 10 of the above said Rules respectively provide for functions thereof.
The Explosives Act, 1884, the Explosive Substances Act, 1908 and the Explosives Rules, 2008
26. The Explosives Act, 1884 was enacted to provide a comprehensive law regulating the manufacture, possession, use, sale, transport, import and export of explosives.
27. Section 3 (d) which defines 'explosives' reads as under:-
"(d) "explosive" means gunpowder, nitoglycerine, nitroglycol, gun-cotton, di-nitro-toluene, tri-nitro-toluene, picric acid, di-nitro-
phenol, tri-nitro-resorcinol (styphnic acid), cyclo-trime- thylene- O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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trinitramine, penta-erythritol-tetranitrate, tetryl, nitro-guanidine, leadazide, lead styphynate, fulminate of mercury or any other metal, diazo-di-nitro-phenol, coloured fires or any other substance whether a single chemical compound or a mixture of substances, whether solid or liquid or gaseous used or manufactured with a view to produce a practical effect by explosion or pyrotechnic effect; and includes fog-signals, fireworks, fuses, rockets, percussion-caps, detonators, cartidges, ammunition of all descriptions and every adaptation or preparation of an explosive as defined in this clause;"
28. Section 5 empowers the Central Government to make rules as to licensing of the manufacture, possession, use, sell, transport, import and export of explosives. Section 6A prohibits manufacture, possession, sale and transport of explosive by young persons and certain other persons while Section 6B provides for grant of licenses. Section 9B provides punishment for person who manufactures, imports, exports any explosives in contravention of rules made under Section 5 or of the condition of the license granted under the rules and person who possesses, uses, sells or transports any explosives.
29. The provisions of the Indian Explosives Act 1884 were found to be inadequate in dealing with crimes by means of explosive substances and to combat such crimes, the Explosive Substances Act, 1908 was enacted. Section 2 (a) which defines the expression 'explosive substance' reads as under:-
"(a) the expression "explosive substance" shall be deemed to include any materials for making any explosive substance; also any apparatus, machine, implement or material used, or intended to be used, or adapted for causing, or aiding in causing, any explosion in or with any explosive substance; also any part of any such apparatus, machine or implement;"
30. Section 3 provides punishment for causing explosion likely to endanger life or property; Section 4 provides punishment for attempt to cause explosion, or for making or keeping explosive with intent to endanger life or property; Section 5 provides punishment for making or O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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possessing explosives under suspicious circumstances and Section 6 provides for punishment of abettors.
31. Manufacturing of fire crackers with substances (which fall within the definition of hazardous chemical/substances and explosives) without license involves violations of the Manufacture, Storage and Import of Hazardous Chemical Rules, 1989, the Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996, the Explosives Act, 1884, the Explosive Substances Act, 1908 and the Explosives Rules, 2008 and in view of Absolute Liability Principle laid down by Hon'ble Supreme Court of India in M.C. Mehta Vs. Union of India AIR 1987 SC 965:(1987) 1 SCC 395 manufacturer of fire crackers in violation of the abovementioned laws is strictly and absolutely liable to compensate all those who are affected by the accident and such liability is not subject to any of the exceptions which operate vis-a-vis the tortious principle of strict liability under the rule in Rylands v. Fletcher (1898) LR HL 330. Liability of the State and the instrumentalities of State for payment of compensation
32. The right to clean and healthy environment is now recognized as fundamental right being part of the right to life and personal liberty guaranteed by Article 21 of the Constitution of India.
33. State and its instrumentalities are under constitutional obligation not only to ensure full enjoyment by all persons within its territory of the right to clean and healthy environment under Article 21 of the Constitution of India but also to ensure protection and improvement of environment as mandated by Article 48A of the Constitution of India.
34. For any gross violation of any fundamental right the State and its instrumentalities are bound to pay compensation to the victims/their dependents/legal heirs for the damage/loss thereby caused. The liability O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"-24-
of the State and its instrumentalities to pay compensation for the damage/loss caused by violation of fundamental rights is secured by public law remedy of issuance of orders in the nature of writs under Article 32 or 226 of the Constitution of India.
35. Further, the State and its instrumentalities enjoy sovereign powers of legislation and implementation thereof and are not only having the infrastructure and requisite means to ensure compliance with the laws but are under Constitutional and Statutory obligations to exercise the Sovereign power and use the infrastructure and means for ensuring due implementation of the laws and vigilant discharge of their obligations.
36. Right to life guaranteed under Article 21 of the Constitution of India is the most sacred right preserved and protected under the Constitution, violation of which is always actionable and there is no necessity of statutory provision as such for preserving that right. In a case, where life and personal liberty have been violated the absence of any statutory provision for compensation in the Statute is of no consequence. Article 21 of the Constitution of India has to be read into all public safety statutes, since the prime object of public safety legislation is to protect the individual and to compensate him for the loss suffered. Duty of care expected from State or its officials functioning under the public safety legislation is, therefore, very high, compared to the statutory powers and supervision expected from officers functioning under the statutes like Companies Act, Cooperative Societies Act and such similar legislations. The question as to whether the law imposes a strict liability on the state and its officials primarily depends upon the purpose and object of the legislation as well. When activities are hazardous and if they are inherently dangerous the statute expects highest degree of care and if someone is injured because of such activities, the State and its officials are liable even if they could establish that there was no negligence and O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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that it was not intentional. Public safety legislations generally fall in that category of breach of statutory duty by a public authority.
37. The Manufacture, Storage and Import of Hazardous Chemical Rules, 1989, the Chemical Accidents (Emergency Planning, Preparedness and Response) Rules, 1996, the Explosives Act, 1884, the Explosive Substances Act, 1908 and the Explosives Rules, 2008 create the statutory framework regulating manufacture, possession, storage and sale of explosives and confer very wide powers on the State and its instrumentalities to take requisite action for ensuring due compliance with the provisions thereof. Any illegal manufacture, possession, storage and sale of explosives cannot occur/take place without inaction, negligence, connivance or collusion of the concerned instrumentalities of the State actuated by extraneous considerations and for any failure to discharge stipulated statutory obligation State and its instrumentalities will be liable to pay compensation.
38. The liability of the State and its instrumentalities to pay compensation to the legal heirs /dependents of the deceased persons/injured persons based on enforcement of fundamental right to clean and healthy environment is absolute and unconditional to the extent that the same is not dependent on financial resources of the State and its instrumentalities and/or even of the violators and concerned officers/officials found guilty and is independent of and is not conditioned, circumscribed, restricted or curtailed by any other enactment although liability of the State and its instrumentalities may also be additionally created by the same.
39. However, this liability of the State is joint and several which is coupled with the power to recover the amount of compensation paid by it O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"-26-
from the violators and its delinquent officers/officials in accordance with law which the State may or may not exercise as the case may be. Liability of the State under the Disaster Management Act, 2005
40. For preventing and mitigating effects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation, the Disaster Management Act, 2005 (the DM Act) was enacted to provide for requisite institutional mechanisms for drawing up and monitoring the implementation of the disaster management plans and ensuring measures by various wings of Government. Section 2 (d) defines disaster as under:-
"disaster means a catastrophe, mishap, calamity or grave occurrence in any area, arising from natural or manmade causes, or by accident or negligence which results in substantial loss of life or human suffering or damage to, and destruction of, property, or damage to, or degradation of, environment, and is of such a nature or magnitude as to be beyond the coping capacity of the community of the affected."
41. Sections 3, 14 and 25 of the DM Act provide for constitution of the National Disaster Management Authority, State Disaster Management Authority and District Disaster Management Authority, Sections 6, 18 and 30 lay down their powers and functions and Sections 11, 23 and 31 provide for National Plan and State Plan respectively to be prepared by the National Executive Committee and State Executive Committee respectively. Sections 12 and 19 provide for issuance of guidelines for the minimum standards of relief to be provided to persons affected by disaster.
42. The Relief Commissioner, Uttar Pradesh, through letter number 4807/10A0KA0/2023-24, dated 17.11.2023, addressed to the District Magistrate, Mathura, with copies to all District Magistrates in Uttar Pradesh, stated that "Fire" is included within the ambit of recognized O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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disasters under the State Disaster Relief Fund (SDRF) guidelines, irrespective of the underlying cause. Consequently, relief and ex-gratia payments are also permissible in fire-related incidents under the DM Act. Jurisdiction of this Tribunal to award compensation
43. The United Nations Conference on the Human Environment held at Stockholm in June, 1972 called upon the States to take appropriate steps for the protection and improvement of the human environment. The United Nations Conference on Environment and Development held at Rio de Janeiro in June, 1992 called upon the States to provide effective access to judicial and administrative proceedings, including redress and remedy and to develop national laws regarding liability and compensation for the victims of pollution and other environmental damage. The judicial pronouncements in India construed the right to healthy environment to be a part of the right to life under article 21 of the Constitution. Hon'ble Supreme Court requested the Law Commission of India to consider the need for constitution of specialized environmental courts. Pursuant to the same, the Law Commission recommended the setting up of environmental courts having both original and appellate jurisdiction. In view thereof the National Green Tribunal Act, 2010 (the NGT ACT) was enacted for the establishment of this Tribunal for the 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 environment and giving relief and compensation for damages to persons and property.
44. Section 15 of the NGT Act, which empowers this Tribunal to grant relief, compensation and restitution, reads as under:-
"15. Relief, compensation and restitution.--(1) The Tribunal may, by an order, provide,--
(a) relief and compensation to the victims of pollution and O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"-28-
other environmental damage arising under the enactments specified in the Schedule I (including accident occurring while handling any hazardous substance);
(b) for restitution of property damaged;
(c) for restitution of the environment for such area or areas,
as the Tribunal may think fit
(2) The relief and compensation and restitution of property
and environment referred to in clauses (a), (b) and (c) of sub- section (1) shall be in addition to the relief paid or payable under the Public Liability Insurance Act, 1991 (6 of 1991). (3) No application for grant of any compensation or relief or restitution of property or environment under this section shall be entertained by the Tribunal unless it is made within a period of five years from the date on which the cause for such compensation or relief first arose:
Provided that the Tribunal may, if it is satisfied that the applicant was prevented by sufficient cause from filing the application within the said period, allow it to be filed within a further period not exceeding sixty days.
(4) The Tribunal may, having regard to the damage to public health, property and environment, divide the compensation or relief payable under separate heads specified in Schedule II so as to provide compensation or relief to the claimants and for restitution of the damaged property or environment, as it may think fit.
(5) Every claimant of the compensation or relief under this Act shall intimate to the Tribunal about the application filed to, or, as the case may be, compensation or relief received from, any other court or authority."
45. Section 17 of the NGT Act, which deals with liability to pay relief or compensation in certain cases, reads as under:-
"17. Liability to pay relief or compensation in certain cases.---(1) Where death of, or injury to, any person (other than a workman) or damage to any property or environment has resulted from an accident or the adverse impact of an activity or operation or process, under any enactment specified in Schedule I, the person responsible shall be liable to pay such relief or compensation for such death, injury or damage, under all or any of the heads specified in Schedule II, as may be determined by the Tribunal.
(2) If the death, injury or damage caused by an accident or the adverse impact of an activity or operation or process under any enactment specified in Schedule I cannot be attributed to any single activity or operation or process but is the combined or resultant effect of several such activities, operations and processes, the Tribunal may, apportion the liability for relief or compensation amongst those responsible for such activities, operations and processes on an equitable basis. (3) The Tribunal shall, in case of an accident, apply the principle of no fault."
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46. Schedule II of the NGT Act, which enlists the heads under which compensation or relief for damage may be claimed, reads as under:-
"SCHEDULE II [See sections 15(4) and 17(1)] HEADS UNDER WHICH COMPENSATION OR RELIEF FOR DAMAGE MAY BE CLAIMED
(a) Death;
(b) Permanent, temporary, total or partial disability or other injury or sickness;
(c) Loss of wages due to total or partial disability or permanent or temporary disability;
(d) Medical expenses incurred for treatment of injuries or sickness;
(e) Damages to private property;
(f) Expenses incurred by the Government or any local authority in providing relief, aid and rehabilitation to the affected persons;
(g) Expenses incurred by the Government for any administrative or legal action or to cope with any harm or damage, including compensation for environmental degradation and restoration of the quality of environment;
(h) Loss to the Government or local authority arising out of, or connected with, the activity causing any damage;
(i) Claims on account of any harm, damage or destruction to the fauna including milch and draught animals and aquatic fauna;
(j) Claims on account of any harm, damage or destruction to flora including aquatic flora, crops, vegetables, trees and orchards;
(k) Claims including cost of restoration on account of any harm or damage to environment including pollution of soil, air, water, land and eco-systems;
(l) Loss and destruction of any property other than private property;
(m) Loss of business or employment or both;
(n) Any other claim arising out of, or connected with, any activity of handling of hazardous substance."
47. Section 24, of the NGT Act provides for deposit of amount payable for damage to environment in the Environment Relief Fund and the same reads as under:-
"24. Deposit of amount payable for damage to environment-(1) Where any amount by way of compensation or relief is ordered to be paid under any award or order made by the Tribunal on the ground of any damage to environment, that amount shall be remitted to the authority specified under sub-section (3) of section 7A of the Public Liability Insurance Act, 1991 (6 of 1991) for being credited to the Environmental Relief Fund established under that section.
(2) The amount of compensation or relief credited to the Environmental Relief Fund under sub-section (1), may, O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"-30-
notwithstanding anything contained in the Public Liability Insurance Act, 1991 (6 of 1991) be utilised by such persons or authority, in such manner and for such purposes relating to environment, as may be prescribed."
48. In exercise of the powers conferred by section 4 (4) read with Section 35 of the NGT Act, 2010, the Central Government enacted the National Green Tribunal (Practices and Procedure) Rules, 2011 (the NGT PP Rules). Rules 35, 36 and 37 of the NGT PP Rules read as under:-
"35. Manner and the purposes for which amount of compensation or relief or restitution credited to Environment Relief Fund shall be utilised.-(1)The amount by way of compensation or relief to the victim or restitution of property and the environment, ordered by the Tribunal to be paid shall be remitted to the authority, specified under sub- section (3) of section 7A of the Public Liability Insurance Act, 1991 (6 of 1991), within a period of thirty days from the date of order or award or as otherwise ordered by the Tribunal.(2)In the case of failure to remit the amount by the concerned person, under sub-rule (1), within the time so specified, the District Collector of the concerned district shall file a complaint, before the Court having jurisdiction, under clause (a) of sub-section (1) of section 30 of the Act.(3)The amount referred to in sub-rule (1), shall be credited to the Environment Relief Fund under section 24 of the Act for utilisation under any heads specified in Schedule II to the Act.(4)A separate account shall be created and maintained by the authority referred to in sub-rule (1) for the purpose of receiving and disbursement of the amount pursuant to the order or award of the Tribunal.
36. Procedure for disbursement of relief or compensation or restitution of property damaged.-(1)A copy of the award or order or decision of the Tribunal passed under clause (a) or clause (b) of sub-section (1) of section 15 of the Act shall be transmitted to the authority referred to in sub-rule (1) of rule 35 and the District Collector having local jurisdiction for disbursement.
(2)The authority referred to in sub-rule (1) of rule 35 shall transfer the amount so deposited in the Environment Relief Fund to the concerned District Collector within a period of thirty days from the date of deposit.
(3)The District Collector shall arrange to disburse the amount of compensation or relief and restitution of property damaged within a period of thirty days of the receipt of the amount under sub-rule (2), to the affected persons or victims of pollution or other environmental damages arising under the enactments specified in Schedule-I, under the heads specified in Schedule II, to the Act.
37. Procedure for disbursement of amount for restitution of environment.- (1) For the purpose of restitution of environment of such area or areas, affected by pollution and other environmental damages arising under the enactments O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"-31-
specified in the Schedule-I to the Act, the concerned Department of the State Government dealing with environment and forests shall be the Nodal Agency for execution of projects or scheme or schemes for restoration and remediation of environment in accordance with the direction or award of the Tribunal. (2) A copy of the award or order or decision of the Tribunal passed under clause (c) of sub-section (1) of section 15 of the Act shall be transmitted to the authority referred to in sub-rule (1) of rule 35 and the Nodal Agency for disbursement. (3) The authority referred to in sub-rule (1) of rule 35 shall transfer the amount so deposited in the Environment Relief Fund to the concerned Nodal Agency within a period of thirty days from the date of receipt of the order of the Tribunal. (4) The Nodal Agency shall execute such projects or scheme or schemes by itself or through other Department or authority or agency of the State Government or in such manner as may be directed by the Tribunal.
(5) The projects or scheme or schemes referred to in sub-rule (4) prepared by the Nodal Agency shall commence within a period of one hundred eighty days from the date of the order or award of the Tribunal.
(6) The Nodal Agency or other Department or authority or agency referred to in sub-rule (4) may associate expert agencies, like, the State Pollution Control Board or other technical institutions having expertise in the formulation and execution of project or schemes for restitution of environment, in accordance with the directions of the Tribunal." Quantum of compensation payable
49. This Tribunal has taken cognizance suo motu in numerous cases1 of industrial accidents involving handling of hazardous substance and 1 1. In re: Gas Leak at LG Polymers Chemical Plant in RR Venkatapuram Village Visakhapatnam in Andhra Pradesh, OA No. 73/2020 decided on 01.06.2020.
2. Aryavart Foundation through its President vs. Yashyashvi Rasayan Pvt. Ltd. & Anr., OA No. 85/2020 (Earlier OA 22/2020) (WZ) decided on 03.02.2021.
3. Bonani Kakkar vs. Oil India Limited & Ors., OA No. 43/2020(EZ) decided on 19.02.2021.
4. News item published in the local daily "Economic Times" dated 30.06.2020 titled "Another Gas Leakage at Vizag Factory kills two, critically injures four...", OA No. 106/2020 decided on 22.12.2020.
5. News item published in the "Indian Express" dated 01.07.2020 titled "Tamil Nadu Neyveli boiler blast: 6 dead, 17 injured", OA No. 108/2020 decided on 22.12.2020.
6. News item published on 13.07.2020 in the local daily named "India Today" titled "Massive fire engulf Vizag chemical plant, explosions heard, injuries reported", OA No. 134/2020 decided on 22.12.2020.
7. News item published in the "Times of India" dated 20.11.2020 entitled "Six killed as blast tears through Malda Plastic recycling factory", OA No. 272/2020 decided on 18.12.2020.
8. News item published in the "Indian Express" dated 23.11.2020 entitled "Maharashtra: Two Killed, eight injured in methane gas leak in sugar factory",OA No. 274/2020 decided on 16.08.2021.
9. In RE: News item published in the local daily "Indian Express Sunday Express" dated 28.06.2020 titled "Gas Leak in Agro Company Claims life of one", O.A No. 107/2020 decided on 08.01.2021.
10. In re : News item published in Navbharat Times dated 24.12.2020 titled "Gas leaks in IFFCO Plant, 2 Officers dead", O.A. No. 04/2021 decided on 04.06.2021.
11. In re: News item published in The Indian Express dated 07.01.2021 titled "Four workers dead due to toxic gas leak in Rourkela Steel Plant", O.A. No. 09/2021 decided on 11.02.2021.
12. In re: News item published in The News Indian Express dated 12.02.2021 titled "At least 19 dead in Virudhunagar firecracker factory blast, more than 30 injured, O.A. No. 44/2021 decided on 03.03.2022.
13. In re: News item published in Times Now News dated 23.02.2021 titled "Karnataka: Six killed in quarry blast in Hirenagavalli, Chikkaballapur", O.A. No. 59/2021 decided on 22.04.2022.
14. In re: News item published in The Hindu dated 23.02.2021 titled "Two dead, 5 missing in fire at UPL Plant", O.A. No. 60/2021 decided on 14.12.2021.
15. In re: News item published in The Times of India dated 28.02.2021 titled "Delhi : Man charred to death as illegal factory catches fire", O.A. No. 65/2021 decided on 31.08.2021.
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awarded compensation to the dependents of deceased victims and the injured and the following principles may be crystalized from the orders passed by this Tribunal:-
(i) The need to compensate or right to secure compensation could themselves be not a matter of debate at all. Only the scale of compensation and the persons who would become liable to pay the compensation will require to be appraised.
(ii) The compensation payable to the dependents of deceased victims and the injured of such industrial accidents cannot be arbitrary.
(iii) The compensation is to be quantified on the principle of restitution, as laid down inter alia in Global Motors Service Ltd. Vs. R.M.K Veluswami, AIR 1962 SC 1.
(iv) The compensation can be ad hoc in absence of data and approximate amount. (See MCD Vs. Uphaar Tragedy Victims Association - (2011) 14 SCC 481).
(v) The scale of compensation laid down by this Tribunal is for payment of Rs. 20,00,000/- in respect of death; Rs.15 lakhs to
16. In re: News item published in The Hindu dated 14.03.2021 titled "Safety lapses led to reactor blast at pharma unit", OA No. 79/2021 decided on 31.08.2021.
17. In Re: News item published in the "Indian Express" dated 04.11.2020 titled "Ahmedabad: Nine killed as godown collapses after factory blast", OA No. 258/2020 decided on 23.03.2021.
18. In re: News item published in The Times of India dated 08.06.2021 titled "18, mostly women, killed in fire at Pune chemical unit", OA 130/2021 decided on 01.02.2022.
19. Rakesh Suresh Chandra Kapadia v. Gujarat Pollution Control Board & Ors., OA No. 31/2021 (WZ), decided on 08.11.2021.
20. In re: News item published in The Hindustan Times dated 17.06.2021, titled "Blast in firecracker unit in Maharashtra's Palghar, at least 10 injured", OA No. 134/2021 decided on 25.06.2021.
21. In re: News item published in The Indian Express dated 12.07.2021 titled "Six killed in factory fire: Owner held, raids on to nab second accused", OA No. 171/2021 decided on 07.09.2021.
22. In re: News item published in The Indian Express dated 07.01.2022 titled "Gujarat: At least 06 dead, 20 sick after gas leak at industrial area in Surat", OA No. 05/2022 decided on 18.01.2022.
23. In re: News item published in India Today dated 26.12.2021 titled "7 dead in boiler explosion at noodle factory in Bihar's Muzaffarpur, probe ordered", OA No. 02/2022 decided on 22.04.2022.
24. In re: News item published in The Economic Times dated 21.12.2021 titled "3 dead, 44 injured in flash fire at IOC's Haldia refinery", OA No. 440/2021 decided on 07.01.2022.
25. In re: News item published in The Tribune dated 22.02.2022 titled "7 killed in blast at firecrackers factory in Himachal Una", OA No. 143/2022 decided on 08.03.2022.
26. In re: News item published in Hindustan Times dated 05.03.2022 titled "Bhagalpur: 14 dead in firecracker unit blast", OA 198/2022 decided on 27.05.2022.
27. In re: News item published in The Times of India dated 12th April, 2022, titled "Six killed in chemical factory blast in Gujarat",OA No. 272/2022 decided on 12.04.2022.
28. In re: News item in NDTV dated 14.04.2022 titled "6 killed, 12 injured after fire breaks out at Andhra Pradesh Pharma Unit", OA No. 284/2022 decided on 20.04.2022.
29. In re : News item published in Business Standard dated 09.02.2023 titled "Blast at JSPL's Raigarh plant kills two workers, two others injured", OA No. 110/2023 decided on 28.02.2023.
30. In re: news item in NDTV dated 28.02.2023 titled "2 Dead, 2 Injured in Explosion at Gujarat Pharma Company", OA No. 150/2023 decided on 15.03.2023.
31. In re: News item published in Newspaper The Hindu dated 07.03.2023 titled "Three children die during illegal mining in West Bengal", OA No. 204/2023 decided on 28.03.2023.
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persons who have burns in excess of 50%; and Rs.10 lakhs for persons who have burns from 25 to 50%; Rs.5 lakhs for persons who have burns between 5 to 25% and Rs. 2 lakhs for victims who were treated as outpatients and who had minor degree of burns or other forms of simple injuries.
(vi) The compensation amount has to be paid within the time specified by the Tribunal with further liability for payment of interest at specified rate in case of default in payment of compensation amount.
(vii) The amount paid under the Disaster Management Act, 2005 or other laws may be deducted from the compensation payable as per scale laid down by this Tribunal.
(viii) The compensation payable under the orders of this Tribunal will not be a bar to claim compensation under any other law.
(ix) The compensation is not merely a financial reparation for the loss of lives and injuries that have restitutive attributes but also designed to be punitive for the criminal negligence in carrying out hazardous activities in brazen violation of several laws.
(x) The compensation amounts must necessarily, therefore, be higher than what could occasion in a straightforward case of granting compensation as a welfare measure such as under the Workmen's (Employees') Compensation Act, 1923.
Compensation under the Workmen's (Employees') Compensation Act, 1923
50. Vide the District Magistrate's office letter number 300/D.A.P.P./2023-24, dated 05.01.2024, the Deputy District Magistrate, Gunnaur and the Assistant Labor Commissioner, Sambhal were asked whether compensation would be payable under the O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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Workmen's Compensation Act, 1923, as referenced in paragraph 6 of this Tribunal's order dated 12.07.2022 in OA No. 450/2022.
51. In response to letter written by the District Magistrate, Sambhal, the Deputy District Magistrate, Gunnaur, by letter number 3028/ST/202-24 dated 06.01.2024, stated that there was no registered or legal factory at the location of the incident and that none of the nine injured persons qualified as laborers or workmen. The Assistant Labor Commissioner, Sambhal, in letters numbered 49-51, dated 05.01.2024, and 63-65/S0Shi, dated 06.01.2024 confirmed that none of the four deceased or nine injured met the definition of laborers/workmen. Consequently, no compensation is payable under the Workmen's Compensation Act, 1923.
Compensation for death to legal heirs/dependents of the deceased persons
52. In the present case in furtherance of the Relief Commissioner's letter number 4807/10A0KA0/2023-24, dated 17.11.2023 funds were sought by the District Magistrate, Sambhal from the Government via office letter number 265/DI0A0APRA0/2023, dated 22.11.2023 (Annexure-3) for providing financial assistance to the victims' families. Thereafter by order number 1638(i)/R0N0KA0 (Working)/Daily A0/2023- 24, dated 29.11.2023 (Annexure-4) issued by the Sub-District Magistrate, Gunnaur, compensation of Rs. 16,00,000/- (Rs. 4,00,000/- each) was sanctioned for the four deceased persons Om, Guddo, Anam and Shivaiya and compensation of Rs. 1,20,000/- was sanctioned for damage to house of Guddo, totaling Rs. 17,20,000/-.
53. It may be observed here that four persons Om, Guddo, Anam and Shivaiya died in fire incident which was result of unscientific handling of hazardous chemicals in violation of law.
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54. In such fire incidents the legal heirs/dependents of the deceased persons are entitled to compensation to be assessed on reasonable basis guided by restitution principle at least at floor level leaving other remedies open to them.
55. In fire incidents this Tribunal has consistently awarded compensation of Rs.20 lakhs for death in respect of each of the deceased victims.
56. In view thereof compensation of Rs. 4 lakhs each sanctioned by order number 1638(i)/R0N0KA0 (Working)/Daily A0/2023-24, dated 29.11.2023 (Annexure-4) issued by the Sub-District Magistrate, Gunnaur is grossly inadequate.
57. This Tribunal also observed in its order dated 05.04.2024 that the compensation sanctioned was inadequate and issued notices to the respondents.
58. Notice was duly served by the District Magistrate, Sambhal on respondent no. 1-Shabir Ali (Project Proponent) in compliance with order dated 07.01.2025 but respondent no. 1-Shabir Ali (Project Proponent) has failed to appear before this Tribunal personally or through Counsel.
59. So far as the question of liability of the Project Proponent to pay compensation is concerned, in view of the 'Absolute Liability' principle laid down by Hon'ble Supreme Court in M.C. Mehta vs. Union of India and others AIR 1987 SC 965:(1987) 1 SCC 395 and the provisions of the enactments referred to hereinabove, respondent no. 1-Shabir Ali (Project Proponent) is liable to pay amount of Rs. 20 Lakhs as death compensation.
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60. So far as the question of liability of the State to pay compensation is concerned, in his reply, the District Magistrate, Sambhal has submitted that the victims in the instant case have already been compensated to the extent permissible by the available resources and that any additional or higher compensation cannot be paid at this juncture due to the non-availability of sufficient funds in the District Administration. The District Magistrate, Sambhal has further submitted that upon assessing the assets of the offender, they have been found to be valued at only Rs. 2,55,000/-, rendering it impossible to recover any significant amount from respondent no. 1-Shabir Ali (Project Proponent) to fulfill the higher compensation scales set forth by this Tribunal.
61. In view of the liability of the State and the instrumentalities of the State to pay the compensation (as discussed hereinabove), the submissions made regarding non-availability of financial sources for payment of the higher compensation amount and also impossibility of recovery of higher compensation amount from respondent no. 1-Shabir Ali (Project Proponent) are not of any relevance and the State of Uttar Pradesh is legally bound to pay the jointly or severally higher death compensation of Rs. 20 Lakhs.
62. In the reply filed by the District Magistrate, Sambhal, amount of Rs. 8,00,000/- (Rs. 4,00,000/- each) is stated to have been disbursed to the families of two deceased persons namely Shivaiya/Naseem wife of Pappu and Om son of Monu alias Jaswant respectively.
63. The District Magistrate, Sambhal is directed to ensure payment of balance compensation amount of Rs. 16 lakhs each to legal heirs/dependents of Shivaiya/Naseem wife of Pappu and Om son of Monu alias Jaswant respectively.
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64. So far as payment of compensation to legal heirs/dependents of deceased Guddo, wife and deceased Anam, daughter of respondent no. 1- Shabir Ali (Project Proponent) is concerned, the District Magistrate, Sambhal wrote letter no. 271/D.A.P.P./2023-24, dated 02.12.2023 to the Additional Chief Secretary, Government of Uttar Pradesh, Revenue Section-10, Lucknow for clarification as to whether the families of Guddo (wife of respondent no. 1-Shabir Ali) and Anam (daughter of respondent no. 1-Shabir Ali) are eligible for ex-gratia in light of the respondent no. 1- Shabir Ali's involvement. Since no response was received, the District Magistrate, Sambhal wrote another letter no. 295/D.A.P.P., dated 02.01.2023 to the Additional Chief Secretary, Government of Uttar Pradesh, Revenue Section-10, Lucknow. In the reply filed before this Tribunal, the District Magistrate, Sambhal has submitted that as soon as requisite clarification is received appropriate steps will be taken regarding compensation for the families of Guddo and Anam.
65. The District Magistrate is directed to decide the question of entitlement of other members of family of respondent no. 1-Shabir Ali (Project Proponent) for payment of compensation for death of Guddo wife and Anam daughter of Shabir Ali respectively in the fire incident by taking into consideration the relevant evidence/material regarding their involvement in the illegal activity and other attendant facts and circumstances after giving opportunity of being heard to them. Compensation to the injured persons
66. In the present case nine persons namely Pramod s/o Satyaveer, Ravi Kumar s/o Samuel, Rajesh Kumar s/o Samuel, Vinod Kumar s/o Samuel, Pravesh s/o Devendra, Sanu s/o Chand Khan and Mery Paul s/o James Paul (who were rescued from the debris of demolished house), Monu (alias Jaswant) s/o Kallu (who was walking in front of his house O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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about 200 meters away and was hit by splinters) and Labib s/o Nasir are stated to have suffered injuries due to the fire incident in question.
67. In his reply the District Magistrate, Sambhal has mentioned that pursuant to this Tribunal's order dated 01.12.2023, a more detailed report was sought vide office letter number 302/DI0A0APRA0/2023-24, dated 05.01.2024, from the Sub-District Magistrate, Gunnaur, and the Chief Medical Officer, Sambhal seeking (1) Classification of the injuries, (2) Duration of hospitalization, (3) Whether any injured person sustained a permanent disability and (4) Copies of medical reports for all injured individuals.
68. In compliance thereof the Chief Medical Officer, District-Sambhal via report dated 09.01.2024 furnished the details regarding nine injured persons. The relevant part of the report giving medical details of the nine injured persons is, at the cost of reproduction, reproduced as under:-
Sr. Treatment Admission Injury Type
Disease
No. Name Age Sex Centers Duration
/Injury
1. Vinod Kumar 50 M Dist. Hospital 2 days (Dist. Normal
s/o Samuel Sambhal; Hosp.) + 5
Blast/ Panna Lal Hospital days (Panna)
Burn
Injury
2. Rajesh s/o 45 M JNMC Aligarh; 1 day JNMC) Serious
Samuel Mannat Hospital + 7 days
Blast/ (Mannat)
Burn
Injury
3. Ravi 35 M Dist. Hospital 2 days (Dist. Serious
Kumar s/o Sambhal; Hosp.) + 5
Samuel Blast/ Panna Lal days (Panna)
Burn Hospital
Injury
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4. Monu (alias 6 M Blast/ Referred to 15 days Serious Jaswant) s/o Burn Aligarh (JNMC) (JNMC Kallu Injury Aligarh)
5. Pramod s/o 30 M Blast/ Not referred - Normal Satyaveer Burn Injury
6. Pravesh s/o 15 M Blast/ Not referred - Normal Devendra Burn Injury
7. Mery Paul 27 F Blast/ Dist. Hospital 2 days Normal d/o James Burn Sambhal Paul Injury
8. Sanu s/o 28 M GTB → 3 days (GTB) Serious Chand URBAN → + 3 days Blast/ AIIMS (URBAN) + 15 Burn days (AIIMS) Injury
9. Labib s/o 45 M Blast/ Not referred - Normal Nasir Burn Injury
69. It is evident from the report of Chief Medical Officer, Sambhal that
(i) four injured persons namely Rajesh Kumar s/o Samuel, Ravi Kumar s/o Samuel, Monu (alias Jaswant) s/o Kallu and Shanu s/o Chand Khan Vinod Kumar s/o Samuel are stated to have suffered serious injuries while five injured persons Vinod Kumar s/o Samuel, Mery Paul s/o James Paul, Pramod s/o Satyaveer, Pravesh s/o Devendra and Labib s/o Nasir are stated to have suffered normal injuries;
(ii) six injured persons namely Ravi Kumar s/o Samuel, Rajesh Kumar s/o Samuel, Vinod Kumar s/o Samuel, Mery Paul s/o James Paul, Monu (alias Jaswant) s/o Kallu and Shanu s/o Chand Khan were referred to treatment centres and three injured persons namely Pramod s/o Satyaveer, Pravesh s/o Devendra and Labib s/o Nasir were not referred to any treatment centre; and O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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(iii) Shanu s/o Chand Khan is stated to have remained hospitalized for 21 days, Monu (alias Jaswant) s/o Kallu is stated to have remained hospitalized for 15 days, Rajesh Kumar s/o Samuel is stated to have remained hospitalized for 8 days, Vinod Kumar s/o Samuel and Ravi Kumar s/o Samuel are stated to have remained hospitalized for 7 days and Mery Paul s/o James Paul is stated to have remained hospitalized for 2 days.
70. The Secretary, Government of Uttar Pradesh, Revenue Section-11, through letter number 1-11099/59/2022, dated 13.10.2022 promulgated revised guidelines for ex-gratia assistance from the SDRF and NDRF for 2022-23 to 2025-26 which under Serial No. 1 prescribe scale for compensation for grievous injury requiring hospitalization as Rs.16,000/- per person if hospitalization exceeds one week and Rs.5,400/- per person if hospitalization is less than one week.
71. In his reply the District Magistrate, Sambhal has mentioned that Compensation of Rs.16,000/- was sanctioned for six injured persons Ravi Kumar s/o Samuel, Rajesh Kumar s/o Samuel, Vinod Kumar s/o Samuel, Mery Paul s/o James Paul, Monu (alias Jaswant) s/o Kallu Sarai and Shanu s/o Chand Khan.
72. However, it may be observed that Shanu s/o Chand, Monu (alias Jaswant) s/o Kallu and Rajesh Kumar s/o Samuel remained hospitalized for more than one week while Vinod Kumar s/o Samuel and Ravi Kumar s/o Samuel remained hospitalized for one week and under the above said compensation scale compensation of Rs. 16,000/- was payable and has been paid to them whereas Mery Paul s/o James Paul remained hospitalized for less than one week and under the above said compensation scale compensation of Rs. 5,400/- was payable to him but compensation of Rs. 16,000/- has been paid to him. O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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73. It may be observed here that no compensation has been sanctioned and paid to injured persons Pramod s/o Satyaveer, Pravesh s/o Devendra and Labib s/o Nasir on the ground that they were not referred to any treatment centre.
74. We are of the considered view that compensation cannot be denied to the abovementioned three injured persons without looking into the nature of injuries, if any suffered by them. Further compensation is payable to all the injured persons in accordance with the scale fixed by this Tribunal as referred herein above on the basis of their medical reports.
75. This Tribunal has consistently awarded compensation to the injured persons by following the compensation scale of award of Rs.15 lakhs to persons who have burns in excess of 50%; Rs.10 lakhs for persons who have burns from 25 to 50%; Rs.5 lakhs for persons who have burns between 5 to 25% and Rs. 2 lakhs for victims who were treated as outpatients and who had minor degree of burns or other forms of simple injuries.
76. However, copies of medico legal examination reports of the injured persons have not been attached with the report. Nature and number of injuries as recorded in the medico legal examination reports have not been described. Respective Percentage of burns suffered by the injured persons have not been mentioned. The Medical Superintendent, Community Health Center-Gunnaur and the Sub-District Magistrate, Gunnaur vide letter number 3030/ST/2023-24, dated 06.01.024 mentioned that none of the nine injured persons suffered any disability but there is no mention as to examination of the injured persons by Medical Disability Board and the findings of the Medical Disability Board in respect of the injured persons. In their statements some of the O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"-42-
injured persons have claimed to have incurred higher amounts on their treatment. Neither the medical treatment record has been obtained and looked into nor any reasons have been given by the District Magistrate, Sambhal for non-payment of compensation to cover such higher expenses incurred by the injured persons on their medical treatment.
77. The District Magistrate, Sambhal is directed to ascertain the nature of injuries of all the injured persons, percentage of burns suffered by them, disability if any suffered by them and medical expenses incurred by them and to determine and disburse to them compensation payable on the basis of the compensation scale laid down by this Tribunal as per percentage of burns/grievous injury/ disability suffered by the injured persons, as the case may be. Compensation for damage to houses
78. The Secretary, Government of Uttar Pradesh, Revenue Section-11, has laid down revised guidelines vide letter no. 1-11099/59/22 dated 13.10.2022 for assistance under the State Disaster Relief Fund (SDRF) and the National Disaster Relief Fund (NDRF) for the period 2022-23 to 2025-26 as under:-
(i) Fully damaged/destroyed houses (plain areas): Rs. 1,20,000/-.
(ii) Fully damaged/destroyed houses (hilly areas): Rs. 1,30,000/-.
(iii) Partially damaged houses (≥15% damage): Rs. 6,500 (Pucca), Rs.
4,000 (Kutcha).
79. The Sub-District Magistrate, Gunnaur, submitted a report by letter number 3029/ST/2023-24, dated 06.01.2024, indicating that Shabir Ali's house was 100% destroyed, while neighboring houses sustained cracks and less than 15% damage.
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80. In his reply District Magistrate, Sambhal has mentioned that Shabir Ali's house was totally destroyed and compensation of Rs. 1,20,000/- has been sanctioned under order number 1638(i)/R.N.K. (Working)/Dainik A./2023-24, dated 29.11.2023, but its final disbursement is pending awaiting clarifications from the Additional Chief Secretary, Government of Uttar Pradesh in response to letter number 271/D.A.P.P./2023-24 dated 02.12.2023 and letter number 295/D.A.P.P., dated 02.01.2023 further guidance on clarifications.
81. The District Magistrate is directed to decide the question of entitlement of other members of family of respondent no. 1-Shabir Ali (Project Proponent) for payment of compensation for destruction of their house in the fire incident by taking into consideration the relevant evidence/material regarding their involvement in the illegal activity and other attendant facts and circumstances after giving opportunity of being heard to them.
82. So far as other houses in the neighborhood are concerned, in his reply District Magistrate, Sambhal has mentioned that other houses suffered damage below 15% and are ineligible for compensation under the cited norms.
83. However, we find that in his report Sub-District Magistrate, Gunnaur has not mentioned about examination of the houses by any technical experts. Report regarding damage to the houses was signed by Patwari and JE but there were hand written interpolations in the typed report which create serious doubt regarding the veracity and correctness thereof. In the absence of examination of the affected houses by technical experts with due notice to the owners of the neighboring houses damaged, compensation cannot be denied on the basis of the report in question which does not deserve any credence.
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84. Further, we are also of the considered view that the owners of the neighboring houses damaged will be entitled to payment of compensation for damage to their houses, even if the percentage thereof is less than 15 %, for the simple reason of the damage having been caused by man-made disaster (and not due to any natural calamity by Act of God) which occurred due to illegal acts on the part of Shabir Ali (Project Proponent) and negligence/inaction on the part of the State and the instrumentalities of the State which failed to take requisite action as mandated by law to prevent the same.
85. The District Magistrate, Sambhal is directed to get all other affected houses examined by technical experts with due notice to the owners of the neighboring houses damaged and determine and disburse compensation payable for the damage to the houses caused by the explosion/fire incident after giving opportunity of being heard to the concerned owners of the neighboring houses damaged. Remedial Measures to prevent such accidents
86. In order dated 03.02.2021 passed in O.A. No. 85/2020, Aryavrat Foundation vs. Yashyashvi Rasayan Pvt. Ltd., this Tribunal observed as under:
"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 O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"-45-
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."
87. In O.A. 450 of 2022 titled News item published in The Indian Express dated 05.06.2022 titled "12 dead in fire at Hapur factory that 'produced firecrackers illegally' : 'Saw people with burns jumping into drains" this Tribunal referred to industrial accident cases dealt with by this Tribunal in the recent past and emphasized the need for effective mechanism to check illegally operating commercial activities in the interest of safety of citizens. This Tribunal also referred to suggestion made by the Joint Committee comprising of CPCB, DPCC, Director Industrial Safety & Health, Delhi, North Delhi Municipal Corporation and the District Magistrate, North Delhi constituted in O.A. No. 65/2021 titled 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" that Special Task Force (STF) be constituted for conducting inspection at least once in three months and also to direction given in that case to the statutory authorities for taking of further remedial steps while observing 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. O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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88. In O.A. No. 450 of 2022 titled News item published in The Indian Express dated 05.06.2022 titled "12 dead in fire at Hapur factory that 'produced firecrackers illegally' : 'Saw people with burns jumping into drains" this Tribunal directed a Joint Committee of Additional Chief Secretary, Industries, Additional Chief Secretary, Environment, Chairman, State PCB and District Magistrate, Hapur to hold a joint meeting along with all the District Magistrates by Video Conferencing within one month to take stock of the mechanism for vigilance against illegal operation of factories having potential for such incidents and take remedial measures necessary for preventing such incidents while emphasizing that the existing mechanism may be appropriately updated and streamlined.
89. In view of the directions already issued, we consider it appropriate that the Chief Secretary, Government of Uttar Pradesh be directed to review and update the existing mechanism in the State to check illegally operating commercial activities in hazardous substances, hold a meeting with all the concerned stake holders and issue appropriate instructions, after necessary deliberations, for taking of appropriate remedial measures to avoid recurrence of such incidents in future and to periodically oversee working of the mechanism and compliance with the instructions and environmental norms.
Directions by the Tribunal
90. In view of the above this original application is disposed of with the following directions:-
Directions to the Chief Secretary, Government of Uttar Pradesh O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"-47-
i. The Chief Secretary, Government of Uttar Pradesh is directed to review and update the existing mechanism in the State to check illegally operating commercial activities in hazardous substances, hold a meeting with all the concerned stake holders and issue appropriate instructions after necessary deliberations, for taking of appropriate remedial measures to avoid recurrence of such incidents in future and to periodically oversee working of the mechanism and compliance with the instructions and environmental norms.
Directions to the District Magistrate, Sambhal ii. The District Magistrate, Sambhal is directed to ensure payment of balance compensation amount of Rs. 16 lakhs each to legal heirs/dependents of Shivaiya/Naseem wife of Pappu and Om son of Monu alias Jaswant respectively.
iii. The District Magistrate is directed to decide the question of entitlement of other members of family of respondent no. 1-Shabir Ali (Project Proponent) for payment of compensation for death of Guddo wife and Anam daughter of Shabir Ali respectively in the fire incident by taking into consideration the relevant evidence/material regarding their involvement in the illegal activity and other attendant facts and circumstances after giving opportunity of being heard to them.
iv. The District Magistrate, Sambhal is directed to ascertain the nature of injuries of all the injured persons, percentage of burns suffered by them, disability if any suffered by them and medical expenses incurred by them and to determine and disburse the compensation payable on the basis of the compensation scale laid down by this Tribunal as per percentage of burns/grievous injury/ disability O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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suffered by the injured persons, as the case may be after giving opportunity of being heard to them.
v. The District Magistrate is directed to decide the question of entitlement of other members of family of respondent no. 1-Shabir Ali (Project Proponent) for payment of compensation for destruction of their house in the fire incident by taking into consideration the relevant evidence/material regarding their involvement in the illegal activity and other attendant facts and circumstances after giving opportunity of being heard to them.
vi. The District Magistrate, Sambhal is directed to get all other affected houses examined by technical experts with due notice to the owners of the neighboring houses damaged and determine and disburse compensation payable for the damage to the houses caused by the explosion/fire incident after giving opportunity of being heard to the concerned owners of the neighboring houses damaged.
91. The legal heirs/dependents of the deceased, the injured and owners of the neighboring houses damaged cannot be made to suffer due to non-availability of sufficient funds in the District Administration as submitted by the District Magistrate, Sambhal. Therefore, in the facts of this case UPPCB is directed to transfer the amount of compensation, payable to the legal heirs/dependents of the deceased, the injured and owners of the neighboring houses damaged, to the District Magistrate, Sambhal, on making of reference by him in this regard, out of the environmental compensation amount lying deposited with it, for disbursement thereof to the legal heirs/dependents of the deceased, the injured and owners of the neighboring houses damaged.
92. However, after disbursement of the compensation as directed above, the District Magistrate, Sambhal shall recover the compensation O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"-49-
amount paid from respondent no. 1-Shabir Ali as arrears of land revenue in accordance with law to the extent possible and transfer the amount recovered from respondent no. 1-Shabir Ali to UPPCB for deposit in environmental compensation account. In case the entire amount is not recovered from respondent no. 1-Shabir Ali, then the balance amount shall be payable by the State and the District Magistrate, Sambhal shall transfer the amount so paid by the State to UPPCB for deposit in environmental compensation account.
93. Action as directed above may be taken by the District Magistrate, Sambhal within three months and Action Taken Report may be submitted by the District Magistrate, Sambhal within one month thereafter before Ld. Registrar General, National Green Tribunal, Principal Bench, New Delhi who may, if necessary, put up the matter before this Bench for further directions.
94. We request the Member Secretary, Uttar Pradesh State Legal Authority to provide legal aid/advice to the legal heirs/dependents of the deceased, the injured and the owners of the neighboring houses damaged for assisting them in securing payment of requisite compensation as per directions of this Tribunal.
95. A copy of this order may be sent to the Chief Secretary, Government of Uttar Pradesh, the Member Secretary, UPPCB, the Member Secretary, Uttar Pradesh State Legal Authority and the District Magistrate, Sambhal by email for requisite compliance.
Prakash Shrivastava, CP Sudhir Agarwal, JM O.A. No. 438/2023 News item in India Today dated 14.06.2023 titled "2 minors among 4 killed as explosion rocks illegal firecracker godown in UP owners held"
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Arun Kumar Tyagi, JM Dr. Afroz Ahmad, EM April 22nd, 2025 Original Application No. 438/2023 AG