National Green Tribunal
News Item Published In Hindustan Times ... vs Unknown on 27 May, 2022
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item No. 04 (Court No. 1)
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
(By Video Conferencing)
Original Application No. 198/2022
In re: News item published in Hindustan Times dated 05.03.2022 titled
"Bhagalpur: 14 dead in firecracker unit blast"
Date of hearing: 27.05.2022
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE PROF. A. SENTHIL VEL, EXPERT MEMBER
ORDER
1. This matter has been taken up in the light of media report1 dated 5.3.3022 about the death of 14 persons in firecrackers unit at Bhagalpur in Bihar.
2. On earlier hearing on 16.03.2022, after advance notice to the concerned statutory authorities, the Tribunal considered the factual information furnished by the said authorities about the incident. It was mentioned that number of deaths had gone up to 15 and number of seriously injured persons was 8. Referring to earlier orders of this Tribunal in respect of such incidents, it was considered necessary that accountability be fixed for loss of human lives and health on account of violation of environmental safety norms. The Tribunal directed the State PCB and District Magistrate, Bhagalpur to bring out all relevant facts and put the identified violators to notice of these proceedings with a view to provide them opportunity of being heard in accordance with the 1 News item dated 05.03.2022 published in the Hindustan Times titled "Bhagalpur: 14 dead in firecrackers unit blast".
1 principles of natural justice. Operative part of the order is reproduced below:-
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4. The fact that complaint under Water, Air and EP Acts has been filed, stand of the PCB is that there are violations. Violator also appears to have been identified. However, clear version about the cause of the incident, nature of violations of environmental safety norms, persons responsible for violations, identity of victims, need for remedial action by way of compensation and preventive measures to ensure that such incidents do not recur is not mentioned. Apart from criminal liability, liability to compensate the victims, liability on polluter pays principle for damage to the environment remains to be determined under Section 15 of the NGT Act, apart from measures to ensure future compliances. In particular, steps to regulate sale and use of explosive material like gun and sulphur powder at the source itself need consideration.
5. Though it is suggested that some of the victims themselves are the violators, clear facts in this aspect need to be mentioned and those who are not violators have to be compensated. If violators are not identified or unable to pay compensation, liability of the State has to be fixed.
6. We have dealt with the similar incidents of industrial accidents on account of violation of environmental safety norms in several cases and directed payment of compensation as well as remedial measures. Reference may only be made to recent order dated 08.03.2022 in O.A. No. 143/2022, In re: News item published in The Tribune dated 22.02.2022 titled "7 killed in blast at firecrackers factory in Himachal Una" relating to blast in a factory in Himachal resulting in death of 7 persons. The said order also refers to order dated 03.03.2022 in in O.A. No. 44/2021, In re: News item published in The News Indian Express dated 12.02.2021 titled "At least 19 dead in Virudhunagar firecracker factory blast, more than 30 injured" in respect of death of 11 persons in the firecrackers factory blast in Tamil Nadu.
7. Accordingly, the State PCB, as regulator and the District Magistrate as representative of the State need to bring out all relevant material in above terms. They may also put the identified violators to notice of these proceedings so that they have opportunity to file their version before the next date. The DM and the PCB may furnish their factual and action taken report in the light of earlier orders of this Tribunal before the next date by e- mail at [email protected] preferably in the form of searchable PDF/ OCR Support PDF and not in the form of Image PDF within one month."2
3. In pursuance of above, a copy of report of the District Magistrate, Bhagalpur, dated 19.04.2022, said to have been filed with the Tribunal, has been made available during the hearing. The report mentions the steps taken to prevent such occurrence, names of identified violators and the victims and that the violators have been put to notice of these proceedings. Relevant extracts from the report are as follows:-
"5. The said report of Sr. Superintendent Bhagalpur has identified the following as persons who died in the said incident.
1) Lilavati Devi w/o Late Shankar Mandal
2) Pinki Devi w/o Dilip Mandal
3) Priyanshu Kumar s/o Deepak Mandal
4) Ayansh Kumar s/o Santosh Kumar
5) Mahendra Mandal s/o Late Chhattu Mandal
6) Shila Devi w/o Mahendra Mandal
7) Nandini Devi d/o Mahendra Mandal
8) Sunil @ Gore Mandal s/o Mahendra Mandal
9) Raj Kumar Sah s/o Late Bhagwan Sah
10) Rahul Kumar @ Rohit s/o Raj Kumar Sah
11) Arti Devi w/o Santosh Kumar
12) Moon s/o Manoj Mandal
13) Ganesh Singh s/o Mobli Singh
14) Urmila Devi w/o Baijnath Sah
15) Aysha Mansoor d/o Md. Mansoor
6. The said report of Sr. Superintendent Bhagalpur has identified the following as persons who were injured in the said incident.
1) Navin Mandal s/o Late Mahendra Mandal
2) Shila Devi w/o Om Prakash Sah
3) Vaishnvi d/o Amit Kumar
4) Jaya d/o Om Prakash Sah
5) Shrawan Kumar s/o Late Kailash Prasad Sah
6) Rinku Kumar Sah s/o Om Prakash Sah
7) Rakhi Kumari d/o Nirmal Kumar Sah
8) Soni Kumari w/o Amit Kumar
7. The said report of Sr. Superintendent Bhagalpur has identified the following as violaters responsible for the blast in the said incident.
1) Lilavati Devi (Dead) w/o Late Shankar Mandal
2) Mahendra Mandal (Dead) s/o Late Chhattu Mandal
3) Md. Azad s/o Md. Shami Alam
4) Ashish Kumar Gupta s/o Ram Kumar Gupta
5) Navin Mandal s/o Late Mahendra Mandal
6) Ashok Mandal s/o Jnanand Mandal and 3
7) Dhananjay Mandal s/o Late Kamleshwari Mandal"
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10. As per the names of violators given by Sr. Superintendent of Police, Bhagalpur, details of land and its valuation of land belonging to such violators was sought from the Deputy Collector Land Reform, Sadar, Bhagalpur vide letter no. 1652 dated 18-4-22. (Annexure-3). The land details of violators and land valuation details of the violators' land have been provided by Deputy Collector Land Reform, Sadar, Bhagalpur vide letter no. 508 dated 18-4-22 letter no. 509 dated 18-4-22. (Annexure-4 and Annexure-5)
11. 04 violators namely Dhananjay Mandal, Ashok Mandal, Naveen Mandal and Md. Azad had been sent notice vide Memo No. 1628, 1629, 1630, 1631 dated 16.04.22. (Annexure-5 Series)"
4. The State PCB has also filed its report dated 20.04.2022 as follows:-
"5. That with respect to 'Nature of Violations of Environmental Safety Norms' it is humbly submitted as hereunder:-
Not obtained Consent from State PCB under Water Act & Air Act:-
The firecracker unit where blast occurred is a residential house in which members of one family were engaged in manufacturing & sale of firecracker illegally. The 'Fire crackers manufacturing and bulk storage facilities' is categorized under Red Category (R14) in 'Categorization of Industries' issued by the Central Pollution Control Board, New Delhi, and as such the unit ought to have approached State PCB for grant of consent under the Air Act & Water Act. That have the said unit approached the State PCB for grant of consent the State PCB would have made sure that the site of the unit is confirming the siting guidelines of the State PCB for such units and have also directed for installation of various pollution control devices and safety measures required in such type of units.
Non-compliance with the Manufacture, Storage & Import of the Hazardous Chemical Rules, 1989:-
In making firecrackers mainly four chemicals are used, i.e. Aluminum Powder; Sulphur; Potassium Nitrate & Barium Nitrate.
The Ministry has made the Manufacture, Storage & Import of the Hazardous Chemical Rules, 1989. Under the said Rules, Hazardous Chemical has been defined under rule 2 (e) which provides that any chemical which satisfies any of the criteria 4 laid down in Part I of 2 [Schedule 1 or] listed in column 2 of Part II of this Schedule; or any chemical listed in column 2 of Schedule 2; or any chemical listed in column 2 of Schedule 3 means Hazardous chemical.
Aluminum & Barium Nitrate is listed at Sl. No. 19 & Sl. No. 52 respectively, in Column 2 of Schedule 2 appended to the Rules, 1989, and as such the aforesaid chemical is Hazardous Chemical as per the Rules, 1989. Therefore, the occupier of the unit must have complied with the said Rules and ought to have identified accidents hazard and provided to the persons working on the site with the information, training and equipment necessary for their safety.
6. That apart from above it appears that the said unit was not following the rules and regulation as laid down by the Explosive Rules, 2008; safety circulars; standard operating process (SOP) and was engage in business of manufacture & sale of firecracker without obtaining license.
7. That the house in which the activity was being carried out is situated in very densely populated area and house itself was also very congested and therefore the chemicals and gunpowder were kept/stored in unorganized and haphazard manner. Further storage, manufacturing, packing, labeling and finishing of firecracker was being done without the help and advice of experts and the family members were jointly responsible for everything related to firecrackers till the point of sale."
5. From the above, it is seen that the unit functioned in violation of environmental norms viz. without consents under the Water (Prevention and Control of Pollution) Act, 1974 and the Air (Prevention and Control of Pollution) Act, 1981 and in violation of Manufacture, Storage and Import of the Hazardous Chemical Rules, 1989 as well as the Explosive Rules. Location of the building where activities were carried out was not suitable, being in congested locality.
6. In view of judgment of the Hon'ble Supreme Court in M.C. Mehta v. UOI & Ors2, absolute liability principle applies when accident is result of hazardous commercial activity causing deaths and injuries. PP is liable to compensate the victims, apart from any other liability. Even though the data about age and income of the deceased is not mentioned, applying 2 (1987) 1 SCC 595 5 the floor level compensation scale, we determine compensation payable to the next of the kin of the deceased @ Rs. 20 Lakhs for each death and Rs. 15 Lakhs in respect of each of the injured. In doing so, we follow the earlier precedent in the case of incident of blast in a fire cracker factory in Tamil Nadu in O.A. No. 44/2021, In re: News item published in The News Indian Express dated 12.02.2021 titled "At least 19 dead in Virudhunagar firecracker factory blast, more than 30 injured" disposed of on 03.03.2022. Relevant extracts from the order is reproduced below:-
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10. From the report, it is clear that 27 persons have died and 26 injured on account of fire incidents which were result of unscientific handling of hazardous chemicals in violation of law. We also find that scale of compensation based on restitution principle needs to be awarded. Procedure of this Tribunal is summary and akin to public law remedy. Compensation can be assessed on reasonable basis guided by restitution principle atleast at floor level, leaving other remedies of the victims open. Thus, broadly agreeing with the Committee, we direct that the scale of compensation should be Rs.20 lakhs in respect of each of the deceased victims and Rs.15 lakhs to persons who have burns in excess of 50% and Rs.10 lakhs for persons who have burns from 25 to 50% and Rs.5 lakhs for persons who have injuries between 5 to 25%. Victims who were treated as outpatients and who had but minor degree of burns or other forms of simple injuries shall be paid Rs.2 lakhs.
11. Accordingly, we hold that the compensation assessed has to be paid by the State of Tamilnadu through the District Magistrate, Virudhunagar. Compliance will be responsibility of the Chief Secretary. Payment be ensured within one month from today. Ex gratia amount already paid may be deducted. We request the TN State Legal Services authority to provide legal aid to ensure that payment is made to genuine heirs of the deceased and to the injured without undue hassle."
7. Accordingly, compensation may be now paid by the District Magistrate, Bhagalpur within one month to the heirs of the deceased as well as to the injured who stand identified. It will be open to the State to recover the amount from the violators, who also stand identified, following due process of law. Inspite of being put to notice of these proceedings, as above, they have chosen not to contest the proceedings. 6 Accordingly, we have proceeded against them ex parte. Principles of natural justice stand followed.
The application is disposed of.
A copy of this order be forwarded to the Chief Secretary, Bihar and District Magistrate, Bhagalpur by email for compliance.
Adarsh Kumar Goel, CP Sudhir Agarwal, JM Prof. A. Senthil Vel, EM May 27, 2022 Original Application No. 198/2022 A 7