National Green Tribunal
Lakshmi vs State Of Uttar Pradesh on 6 August, 2025
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH
NEW DELHI
ORIGINAL APPLICATION NO.612/2024
IN THE MATTER OF:
1. LAKSHMI
W/o Shankar Lal,
Village Kishoripur,
Bana Police Station, Incholi, Meerut,
Uttar Pradesh-251309
2. CHATRU
S/o Sadu Ram,
341, Kishori Pura,Mawana,
Mawana Khurd Meerut,
Uttar Pradesh-250401
3. SAINKY
S/o Sohan Pal,
Village Kishoripura,
Post Bana Tehsil Mawana Bana
Meerut Bana
Uttar Pradesh-250001
4. SOHAN PAL
S/o Birbal,
Village Kishoripura,
Post Bana Tehsil Mawana Bana,
Meerut Bana,
Uttar Pradesh-250001
5. DINESH
S/o Gyan Singh,
H.No. 302,
Village Kishoripura Mawana,
Meerut
Uttar Pradesh-250401
...Applicant(s)
Verses
1. STATE OF UTTAR PRADESH
Through Chief Secretary,
1st Floor, Room No. 110,
Lalbahadur Sastri Bhawan,
Uttar Pradesh Secretariate,
Lucknow-226001
1
2. UTTAR PRADESH POLLUTION CONTROL BOARD
Through Member Secretary,
Building. No. TC-12V,
Vibhuti Khand, Gomti Nagar,
Lucknow-226010
3. DISTRICT MAGISTRATE
Meerut
Collectorate,
District-Meerut,
State of Uttar Pradesh
4. DEPUTY DIRECTOR AND CHIEF INSPECTOR OF FACTORIES,
Uttar Pradesh,
G.T. Road, P.B. No.220,
Kanpur,
Uttar Pradesh-208005
5. M/S DURGA ENTERPRISES
Khasra no. 757/1, 762/2,
Village Masoori, Fitkari Road,
Meerut, Uttar Pradesh-250001
Through its Partners
Deepak Jain and Amit Jain
Sons of Pramod Kumar Jain
R/o Babli Road, Badaut,
District-Baghpat
State of Uttar Pradesh
...Respondent(s)
COUNSEL FOR APPLICANTS:
Mr. Rahul Khurana, Mr. Hasil Jain, Mr. Shaim Hasan, Ms. Farha Khan
and Mr. Ishan Sharma, Advocates
COUNSELS FOR RESPONDENT(S):
Mr. Ankit Verma, Advocate for State of Uttar Pradesh
Mr. Pradeep Misra and Mr. Daleep Dhyani, Advocates for UPPCB
Mr. Rahul Kumar, Advocate for R-5 (Through VC)
CORAM:
HON'BLE MR. JUSTICE PRAKASH SHRIVASTAVA, CHAIRPERSON
HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
HON'BLE DR. A. SENTHIL VEL, EXPERT MEMBER
HON'BLE DR. AFROZ AHMAD, EXPERT MEMBER
RESERVED ON: JULY 16, 2025
PRONOUNCED ON: AUGUST 06, 2025
2
ORDER
BY HON'BLE MR. JUSTICE SUDHIR AGARWAL, JUDICIAL MEMBER
1. The victims of an incident wherein, a blast-occurred in a factory boiler (reactor) resulting in death of 02 persons and severe injuries to 03 persons have come up before this Tribunal by means of the present Original Application (hereinafter referred to as 'OA') invoking its jurisdiction under Sections 14, 15 and 17 of National Green Tribunal Act, 2010 (hereinafter referred to as 'NGT Act, 2010'). Two persons died in the incident are Shankar Lal, son of Vijay Pal and Pravin Kumar, son of Chatru. The persons injured in the incident are Sainky, Sohan Pal and Dinesh. Applicant-1 (Lakshmi) is wife of Shankar Lal (deceased) and applicant-2 (Chatru) is father of Pravin Kumar (deceased). Applicants-3, 4 and 5 are three injured persons who have approached this Tribunal for claiming compensation on account of the damage/injury suffered by them.
2. The facts in brief disclosed in the OA are that M/s. Durga Enterprises, khasra no. 757/1 and 762/2, village-Masoori, Fitkari Road, Meerut through its partners Deepak Jain and Amit Jain, is an industrial unit engaged in the manufacture of rubber oil, tyre oil and black carbon etc. through Pyrolysis or scraped tyres. The process of manufacturing of oil through Pyrolysis process causes high level of pollution and adversely affects health of the workers involved in the process. M/s. Durga Enterprises (hereinafter referred to as 'industrial unit') has been operating in violation of the Standard Operating Procedure (hereinafter referred to as 'SOP') prescribed by Ministry of Environment, Forest and Climate Change (hereinafter referred to as 'MoEF&CC') and Central Pollution Control Board (hereinafter referred to as 'CPCB'). A boiler 3 explosion took place on 27.02.2024 in the premises of the industrial unit causing death of Shankar Lal and Pravin Kumar and serious injuries to applicants-3, 4 and 5. The unit was operating without any fixed timing of opening of vaults of boiler, without maintaining any register for maintenance for operating of boiler and even the register of workers was not maintained. There was no provision of temperature and pressure monitoring inside the boiler and it used to be opened in untimely manner even before cooling of gases showing gross negligence on the part of the management. There was no provision for masks and other equipments for safety of workers and proper handling of chemicals. Two deceased who were present to collect black carbon etc. from the boiler immediately died, when the boiler exploded. The deceased were working in the industrial unit for earning their livelihood. After the incident, Assistant Director Factories, Meerut Division and Labour Enforcement Officer, Meerut Division inspected premises of the industrial unit on 04.03.2024 and found that the incident happened due to failure in ensuring explosive limit of Pyro gas which came in contact with Oxygen and other gases in environment when few bolts of boiler were open. On mixture with outer gases, explosion took place in boiler causing death of Shankar Lal and Pravin Kumar and injuries to applicants-3, 4 and 5 who opened the bolts of boiler and in the process, got injured. Assistant Director Factories and Labour Enforcement Officer, Meerut Division found following major violations:
"I) Absence of Inspection register J) On the said day of explosion, the boiler was opened 2 hours before the prescribed time K) Absence of sensor to monitor the limit of flammable gas inside the Reactor L) Absence of on site Emergency Plan M) Non deposition of renewal fee for renewal of factory license.
N) ..."4
3. In reference to the inspection dated 04.03.2024, management of the industrial unit submitted a Compliance Report dated 18.03.2024 stating that now they are complying entirety with respect to the irregularities pointed out in the inspection Report and point wise reply given by management of the industrial unit reads as under:
"1- Factories Act Inspection Book is now available in the Factory, it can be verified any time.
2- Accident report Form No. 18 of both expired workers & one injured worker is attached herewith.
3- Attendance Register Form No. 12 was already available with us, it could not be produced as it was kept in almirah & key of which was not available with me at the time of inspection.
4- We have ensured that reactors be cooled down completely before opening the reactors. We have decided to install sensors also as adviced by you. We are always giving training to workers from time to time.
5- Health & Safety Policy has been displayed in the factory, one copy of which is attached herewith for ready reference.
6- We have got our Air Compressor tested by an authorized Competent Person on Testing Report Form No. 9, copy of which is attached herewith.
7- Nomination Form No. 16 is now completed for all the workers.
It can be verified anytime.
8. We have displayed a sign board at main entrance indicating the name of Occupier, Manager, and Name of Factory along with address and Factory License No.
9. The On-Site Emergency Plan is now prepared, three copy of which is attached herewith.
10- Notice of working hours Form No. 11 has now been displayed near the main entrance, two copy of which is attached herewith for your kind approval.
11- Accident Register Form No. 23 is now available in the Factory.
It can be verified any time.5
12- Leave with wages register Form No. 14 was already available, but was kept in almirah & key of which was not available at the time of inspection.
13- Factory Licence No. UPFA7000231 is renewed upto 31 December 2024. Copy of which is attached herewith.
14- Firefighting arrangement is available in the Factory. There are six Dry Powder type, one CO2 type, one Dry Powder type of trolley Fire Extinguishers and five Fire Balls. Water Hydrants are also available in active mode. Fire Buckets are also available. Mock-Drill is done daily. Mock-Drill Register was not maintained. Now we have started maintaining it for all the Mock- Drill organized after every three months. Fire- Department officials occasionally visit our plant & helping us to keep everything updated. But they have not given NOC. We will try take NOC as soon as possible."
4. Respondent unit management enjoys high influence in the administration, as a result whereof, Police did not register any report and pressure was inflicted upon the victims to enter into a settlement with the management. Applicants being poor lacking appropriate resources found no option but to go for such settlement executed between the applicants and the industrial unit on 27.02.2024 wherein, it was agreed to pay Rs. 15 lakhs to the deceased i.e., Rs. 5 lakhs cash and two cheques of Rs. 5 lakhs to each of the legal heirs of the deceased and Rs. 5 lakhs by cheque to the applicants-3, 4 and 5 i.e., the injured persons. The cheques issued in the name of the applicants subsequently were dishonoured with the endorsement of lack of funds in the bank account of industrial unit and that is how, industrial unit i.e., respondent 5 played fraud upon the applicants and committed breach of the conditions of the settlement.
5. For running tyre Pyrolysis unit, MoEF&CC has laid down certain SOP vide Office Memorandum dated 24.11.2025 and the relevant provisions thereof, are as under:
6"...
Adequate instrumentation for measurement and control of temperature and pressure along with safety interlocks in case of increase of temperature or pressure to cut off heating of the reactor should be provided. Automatic Control Systems such as Programmed Logic Control (PLC) shall be adopted... .....
At the end of pyrolysis process the reactor has to be cooled before the removal of carbon. During this process the reactor has to be purged with Nitrogen.
...."
6. Management of End-of-Life Tyres/Waste Tyres in accordance with the provisions of Environment (Protection) Act, 1986 (hereinafter referred to as 'EP Act, 1986') and various Rules framed thereunder and operation of Pyrolysis Plant was considered by Tribunal in OA No.400/2019, Social Action for Forest & Environment (SAFE) vs. Union of India & Ors., wherein CPCB submitted a study Report recording its findings and recommendations as under:
"E. Observation
1. It is observed that the so-called advance batch automated tyre pyrolysis plants are plants with advance features for safety, operation controls and pollution control in comparison to existing batch tyre pyrolysis plants. The advance batch automated plants have following features:
i. Programme Logic Controller (PLC) based auto activation for cutting of gas supply to the burner and for switching off the burners in case of increase of pressure and temperature inside the reactor.
ii. PLC based auto activation of bypass arrangements for bypassing the pyro gas from reactor to primary oil tank connected to various condensers, uncondensed gas collection tank and flaring system in case of blocking/chocking of outlet vent inside the reactor or direct bypass for flaring iii. PLC based system for control of temperature and pressure inside the reactor iv. PLC based gas sensors connected with sirens (hooters) in case of release of gases (Methane and Carbon monoxide) v. Unloading and bagging of carbon black powder jointly through mechanical and manual means with minimal spillage and fugitive emission vi. Suction hood over the gate of reactor and water sprinkling system for prevention of fugitive emission 7 during unloading of carbon black, opening of the gate and unloading steel scrap.
vii. Closed chamber with suction hood and underground storage before the gate of reactor for unloading of carbon black and arrangement for transfer of carbon black through screw conveyor for bagging viii. Arrangement of Nitrogen purging of the reactor ix. Arrangement for storage of Pyro gas x. These plants can handle all type waste tyres
2. M/s Pairan Pyrolysis Pvt. Ltd., Erode, Tamil Nadu, M/s Excel Industries (Unit-2), Kolhapur, Maharashtra and M/s Narmada Industries, Raipur, Chhattisgarh are the Tyre Pyrolysis Plants having features of advance batch automated plants and meet the environmental concerns.
3. Each of the above advance batch automated tyre pyrolysis plants are having some unique feature in comparison to each other. These plants are able to address environmental concerns.
4. The existing batch tyre pyrolysis plants are first generation pyrolysis plants and have only basic operational controls which led to many of the environmental concerns
5. M/s S.G. Petrotech Rohtak, Haryana, M/s Tirath Ram and Co (Unit-ll), Ludhiana, Punjab and M/s Mahie Green Earth Product, Muzaffarnagar, Uttar Pradesh do not have the above features like PLC based operation, bypass arrangement for pyro gas, gas sensors, sirens, and mechanical means of carbon black unloading. Due to absence of these features, these plants are called existing batch tyre pyrolysis plants.
6. The existing batch tyre pyrolysis plants needs to have the features of advance batch automated tyre pyrolysis plants to meet the environmental concerns. These plants require modifications and improvement in operation control mechanism.
7. The existing batch tyre pyrolysis plants have issues with regard to fugitive emission, spillage of carbon black powder, spillage and fugitive emission during unloading of carbon black and steel scrap and release of pyro gas into the atmosphere
8. M/s Royal Carbon Black Pvt. Ltd., Raigad, Maharashtra is a continuous tyre Pyrolysis Plant and meet the environmental concerns
9. It is observed that the advance batch automated tyre pyrolysis plant at Raipur; Chhattisgarh has higher levels of PM10 and PM2.5. However, the reason for high levels cannot be attributed to one-day operation of Tyre Pyrolysis Plant as the area is surrounded by several sponge iron plants, which are known to cause particulate matter (PM) pollution.
Other parameters such as VOCs, CO and B (á) P are within limits
10. It is observed that in existing batch tyre pyrolysis plants namely M/s S.G. Petrotec, Rohtak, Haryana and M/s Mahie Green Earth Product, Muzaffarnagar, Uttar Pradesh, thevalueofPM10 and PM2.5 and VOCs are on higher side in ambient air and in the work zone 8
11. The existing batch tyre pyrolysis plants do not have safety features and have issues of fugitive emission, spillage and escaping of pyro gas, etc. The existing tyre pyrolysis plants do not have gas sensors and do not carry out Nitrogen (N2) purging before opening of the reactor's gate in most of the cases.
12. The issue of fugitive emissions& spillage of black carbon are prominent in existing batch tyre pyrolysis plants
13. For initial heating purpose different fuels are being used. M/s Pairan Pyrolysis Pvt. Ltd. and M/s Excel Industries were using oil emulsion. M/s Narmada Industries is using pyro gas stored in rubber balloon, M/s Royal Carbon Black Pvt. was using light oil fraction of Tyre Pyrolysis Oil (TPO), M/s S.G. Petrotech was using natural gas(LPG) and M/s Tirath Ram and Co (Unit-ll) and M/s Mahie Green Earth Product were using wood.
14. The yield of Tyre Pyrolysis Oil (TPO) is more or less same in continuous, advance & existing batch processes. The calorific value of TPO is very high. The calorific values observed in advance batch automated plants are 6347 Kcal/kg, 9100 Kcal/kg and 10265 Kcal/kg. The calorific value observed in existing batch Tyre Pyrolysis Plants are 9120 Kcal/kg, 9926.38 Kcal/Kg and 7003 Kcal/Kg. In the continuous Tyre Pyrolysis plant the calorific values observed are 7560 kcal/kg for heavy fraction and 7610 kcal/kg for light fraction
15. Tyre Pyrolysis Oil (TPO) has low sulphur content in the range of 0.87% to 1.28%, Ash content 0.087% wt, total halogen in the range of 146.27 ppm to 287.4 ppm. The carbon number varies from C4 -C30, flash point 52ºC to 54ºC, boiling range from 66.4C to 312C, sediment ranges from 0.002% to 0.0063% wt., PONA ranges from 69.53% to 70.87% v/v, pour points varies from - 30ºC to -6ºC, Conradson carbon residue ranges from 0.62% to 3.41% and kinematic viscosity at 40ºC ranges from 3.67 to 6.12 6.0 CONCLUSIONS OF THE STUDY ON ADEQUACY OF TYRE PYROLYSIS PLANTS TO MEET ENVIRONMENTALCONCERNS i. Advance batch automated tyre pyrolysis plants are plants with advance features for safety, operation controls and pollution control in comparison to existing batch tyre pyrolysis plants and are upgraded version of existing batch tyre pyrolysis plants.
ii. Advance batch automated tyre pyrolysis plants are found to meet environmental issues/concerns identified in the earlier report submitted by CPCB to the Hon'ble NGT (PB) in the matter of OA No. 400 of 2019.
iii. The advanced batch automated plants are able to meet environmental concerns, as the plants were run under continuous supervision and by strictly adhering to SoPs. iv. The existing batch tyre pyrolysis plants are first generation pyrolysis plants and have only basic operational controls which led to many of the environmental issues/ concerns v. The advance batch tyre pyrolysis process and continuous tyre pyrolysis process had demonstrated compliance with regard to work zone limits and no significant impact on ambient air quality.
9vi. Existing Batch Tyre Pyrolysis Plants need additional features like PLC based control arrangement, by pass arrangement for pyro gas, installation of gas sensors, pressure, temperature gauges at reactor & storage tank, alarm system, facility for flaring of entire pyro gas during emergency, arrangement for re-circulation of pyro gas for reactor's heating, suction hoods over the gate of reactor, sprinkler system for control of fugitives and mechanized arrangement for unloading of carbon black powder and arrangement of nitrogen purging etc. to meet the environmental concerns.
vii. Odourin the tyre pyrolysisplants are due to leakage from the pipe lines of oil & gas and due to storage of purge water (oil mixed water) viii. The yield and calorific values of Tyre Pyrolysis Oil is more or less same in continuous, advance & existing batch process. ix. Tyre Pyrolysis Oil (TPO) has high calorific value in the range of 6300 Kcal/kg to 10200 Kcal/kg and low sulphur content in the range of 0.87% to 1.28%, Ash content 0.087% wt., total halogen in the range of 146.27 ppm to 287.4 ppm. The carbon number variesfrom C4 -C30, flash point 52ºC to 64ºC, boiling range from 66.4ºC to 312ºC, sediment ranges from 0.002% to 0.0063% wt., PONA ranges from 69.63% to 70.87% v/v, pour points varies from - 30ºC to -6ºC, Conradson carbon residue ranges from 0.62% to 3.41% and kinematic viscosity at 40ºC ranges from 3.67 to 6.12.
x. The value of sulphur content, calorific value, sediment, lead, arsenic, cadmium+ chromium-*- nickel, PAH, Total halogens, PCBs, and water content in the TPO is well within the limits specified for fuel oil obtained from the recycling of waste oil and mentioned in the schedule V Part B of Hazardous & Other waste (M&TM) Rules 2016) xi. Health issues have not been reported during the study except at the unit M/s Mahie Green Earth Product, Muzaffarnagar, UP.
7.0 RECOMMENDATIONS OR THE STUDY ON ADEQUACY OF TYRE PYROLYSIS PLANTS TO MEET ENVIRONMENTAL CONCERNS i. All the existing batch Tyre Pyrolysis Plants to install additional features like PLC based control arrangement, bypass arrangement for pyro gas from reactor door to primary condenser, installation of gas sensors, pressure, temperature gauges at reactor & storage tank, alarm system, flaring of entire pyro gas during emergency, arrangement for re-circulation of pyro gas for reactor's heating, provision for flaring of pyro gas, suction hoods over the gate of reactor and carbon black powder bagging area, water sprinkler system and mechanized arrangement for removal of carbon black powder and steel scrap and arrangement of Nitrogen(N2) purging.
ii. Initial firing of reactor and heating of the reactor to be done either by using pyro gas generated by the plant itself or by use of purge water (oil mix water)/oil water emulsion, or by tyre pyrolysis oil or any other fuel 10 approved by concerned SPCBs /PCCs. After generation of pyro gas, the same is to be used for the purpose of heating reactor. Plants to install adequate APCD for controlling flue gas emissions.
iii. Feed to tyre pyrolysis plants has to be full waste tyre or two piece cut waste tyre with steel for better operational control in existing batch tyre pyrolysis plant.
iv. It has been observed that unloading of steel scrap from the reactor results into spillage of carbon black around the reactor area and generates fugitive emission. Plants to ensure no such spillage occurs by using suitable trays with wheels for transporting the steel scrap within the premise from generation points to storage points. This operation can be made cleaner by use of vacuum cleaner after each batch operation. v. Unloading of carbon black powder from the reactor should be done under controlled conditions through a pneumatic /screw conveyor system in such a manner that the contents of the reactor are not open to the atmosphere at any point of time. The end of the conveyor system shall be attached to a bagging plant where all the carbon black powder will be bagged in the HDPE bags with proper sealing.
vi. Suction hood to be installed above door of the reactor.
Suction hood also to be installed at the transfer points across the work zone such as at carbon black powder bagging area etc. to control fugitive emissions. All suction hood to be connected to centralized bag filters /wet scrubber attached with stack of 30 m height (installed for control of flue gas emissions).
vii. Water sprinklers to be installed at the transfer points for arresting fugitives.
viii. Tyre Pyrolysis Plants to install ETP for proper treatment of waste water generated. Also plants to ensure that treated water be re-used in unit itself & there is zero effluent discharge in all the Tyre Pyrolysis Plants ix. The transportation of Carbon Black and Tyre Pyrolysis Oil (TPO)should strictly be done in closed vehicles to ensure that there is no spillage of carbon black or TPO during their transportation x. All Tyre Pyrolysis Plants to carry out annual health check-up of all the employees working in the unit & submit its report to concerned SPCBs/PCCs on annual basis.
xi. SPCBs/PCCS to carry out vigilance & randomly inspect Tyre Pyrolysis Plants @ 25% of total Tyre Pyrolysis Plants per annum in their respective States/UTs and submit their compliance reports quarterly and annually to CPCB.
xii. SPCBs/PCCs while granting consent to establish & operate a new Tyre Pyrolysis Plants only after assessing the area of the plant premises where unit is proposed. The area of the plant premises carry more weightage asthe emission from tyre pyrolysis unit does not affect far away community, instead it is the 11 immediate neighborhood that is affected. Black carbon, being large size particle is accidently spilled over in the plant premises during its handling and therefore cannot travel to larger distance under the influence of wind. Odor remains a nuisance to the nearby residential and industrial area. In case of existing plants seeking expansion of processing capacity, the same may also be granted only after plant area is found sufficient. CPCB will issue guidelines on area of the plant premises accordingly within ten months.
xiii. CPCB to revise SoP and prepare guidelines for both existing batch and continuous tyre pyrolysis plant and its process within ten months."
7. The above observations and recommendations were accepted by Tribunal vide order dated 25.10.2021 and all State Pollution Control Boards/Pollution Control Committees were directed to comply in co-
ordination with CPCB with the above recommendations which is consistent with environmental norms, Water (Prevention and Control of Pollution) Act, 1974 (hereinafter referred to as 'Water Act, 1974')and Air (Prevention and Control of Pollution) Act, 1981 (hereinafter referred to as 'Air Act, 1981') and the relevant rules applicable therein.
8. Applicants have stated that presence of gas sensors, pressure and temperature gauges at reactor are a mandatory part of safety and environmental concerns and the same have been violated by respondent 5 in operations of its industrial unit.
9. CPCB has also issued an updated version of SOP dated 16.01.2024 for re-cycling of waste tyres scrap for recovery of Tyre Pyrolysis oil, Pyro gas and Char in tyre Pyrolysis oil units and the copy of the said document is on record as annexure at page 101 of the paper book.
10. Applicants have prayed that directions be issued for taking action against respondent 5 for running industrial unit in violation of environmental laws, prosecution for criminal negligence and further 12 appropriate compensation be paid to the victims in respect to the injuries sustained in the incident dated 27.02.2024.
11. Tribunal considered the matter on 27.05.2024 and issued notices to the respondents requiring them to file their responses.
12. Deputy Director of Factories, (Meerut Division), Meerut vide letter dated 09.08.2024 has informed that as per letter dated 09.08.2024 of Labour Enforcement Officer, on behalf of Deputy Labour Commissioner (Meerut Division), Meerut, the industrial unit was required to deposit workmen compensation vide letter dated 28.02.2024 but in the reply dated 11.03.2024, respondent 5 has stated that their unit is registered under Employees State Insurance Act, 1948 (hereinafter referred to as 'ESI Act, 1948') and therefore, the provisions of Employee's Compensation Act, 1923 (hereinafter referred to as 'EC Act, 1923') are not applicable and the concerned beneficiaries must avail their remedy under ESI Act, 1948.
13. Uttar Pradesh Pollution Control Board (hereinafter referred to as 'UPPCB') i.e., respondent 2 has filed its response vide letter dated 17.08.2024 addressed to Registrar (General), NGT, Principal Bench, New Delhi wherein, Report of inspection of the unit conducted on 27.07.2024 has been placed on record giving following information:
"2- Status of Industry-
I- GENERAL INFORMATION
1. Name of the unit with Durga Enterprises, Khasra No complete address 757/1,762/2, Village Masoori Fitkari Road, Meerut
2. Name of Contact person Designation Contact No Amit Jain Partner 9927837620 Deepak Jain Partner 9045625800
3. Co-ordinates Latitude: 29.076805 Latitude and longitude Longitude: 77.637898 13
4. Year of commissioning 2019, Consent to established dt.
09/03/2018
5. Standalone/integrated Tyre Pyrolysis Unit (Standalone) (with co-generation)
6. production capacity of Oil-6TPD, Black Carbon-04TPD, the Unit Steel Wire-02TPD
7. Consent status Consolidated Consent to Operate issued, Valid up to 31.7.2028 II- Operational Status-
Sources of fresh water
1) Category of Unit Orange as per CPCB classification dt.07.03.2016
2) Scale of Unit Small, as per MSME classification
3) Manufacturing Process Tyre pyrolysis including cutting of tyres, removal of steel, heating in reactors, collection of oil in vessel and collection of carbon.
4) Type of pyrolysis Batch Type
5) Quantity of fresh water 3KLD
withdrawl (KLD)
6) Total fresh water 3KLD (Domestic)
Consumption (KLD)
7) Waste water discharge Only Domestic 3KLD approx.
(KLD)
8) Waste water (Effluent) 3 KLD approx.
discharge, KLD
9) Mode of disposal Discharge through Soakpit/Septik
Tank
10) NOC of UP Ground water Not required (Consumption
department <10KLD)
III- Details of Air Pollution Control System-
1) Source of Air Pollution 02 Reactors (Capacity
10MT/Batch each) and 62.5 KVA
DG SET
2) Emission control system Wet Scrubber installed on stack of or Air Pollution Control Reactors as APCD Device (APCD) installed
3) Stack height 1-Common stack 30 meter height is attached with Reactors.
2-Acoustic enclosure is installed at DG set having 1.5 meter stack above roof of DG Set.
4) On-line emission (stack) Not applicable
monitoring system
installed
IV-Compliance of SOP issued by MoEF & CC
14
No. Main Points Compliance by the Unit
1 The feed to the pyrolysis Complied as the steel of tyre is
reactor should be devoid extracted before feeding to the
of steel. This means that reactor.
crumb rubber only
should be fed to the
reactor. Further the
feeding arrangement of
the rubber crumb to the
reactor should be
mechanized.
2 The initial heating of the The initial heating of reactor is
reactor should be done started by waste wood which is
by liquid fuel or gas. The approved fuel as per CAQM &AA.
flue gas should be Chimney of 30 meter height is
released to the attached with reactor. One reactor
environment through a remained standby at a time.
chimney of at least 30
metres height.
3 After initial heating, Pyro gas is used as fuel after initial
during the pyrolysis heating.
process, the pyro gas
generated within the
plant should be used as
a fuel.
4 Excess pyro gas if any Complied. Gas flare system is
should be flared through adopted in the unit. The height of
properly designed flare from ground is 30 meter.
flaring system of
adequate capacity
considering the
emergency situation in
which the entire gas
may have to be flared.
The flaring should be
done at a minimum
height of 30 meter.
5 Adequate Complied, PLC is Installed
instrumentation for
measurement and
control of temperature
and pressure along with
safety interlocks in case
of increase of
temperature or pressure
to cut off heating of the
reactor should be
provided. Automatic
15
control systems such as
Programmed Logic
Control (PLC) shall be
adopted. It should be
ensured that the reactor
is under positive
pressure all the time.
6 In order to control Complied
fugitive emissions from
the reactor during
operation, proper
sealing should be
ensured.
7 The collection of the oil Complied, oil from condensers is
from the condensers transported in closed circuit. Oil is
should be in closed stored in closed storage vessel.
vessel and storage also
should be in closed
tanks with suitable
vents. There should be
no manual handling of
oil. Transfer of oil should
be through pumps.
8 At the end of the At the end of pyrolysis process the
pyrolysis process the reactors are cooled in atmospheric
reactor has to be cooled temperature before removal of
before the removal of carbon.
carbon. During this
process, the reactor
should be purged with
nitrogen.
9 The removal of carbon Complied
should be started
after the reactor's
temperature has come
down to below 50°C.
10 The removal of carbon Complied, Carbon is collected from should be through a reactor in bags through screw drive mechanized system and type mechanical system.
it should be ensured that no spillage takes place during the collection of the carbon in the bags.
11 Adequate number of Complied, Sensors and CCTV sensors along with cameras are installed.
alarm system should be 16 provided at suitable locations throughout the plant to detect any leakage of flammable vapors from the system.
12 Adequate fire-fighting Fire hydrant with pumping system system like sprinklers at water storage has been and fire hydrant with provided.
necessary pumping
system and water
storage should be
provided.
13 The plot size should be Complied, Plot size of unit is more adequate for storage of than 3000sq meters.
crumb or cut tyres, oil and carbon black in addition to the pyrolysis plant and accessories as well as enough space for movement of fire tender in case of any emergency. A minimum indicative size of small plant is about 3000 square meters.
14 The plant shall possess CTO Granted up to 31/07/2028 clearance certificates issued departments. by concerned.
15 The carbon black and Complied
the oil obtained from the
process should be
supplied only to actual
users/processors.
16 The waste water Complied. ETP is Installed. Unit has
generated in the process obtained membership of TSDF.
from condensers or any
scrubber should be
properly treated in an
Effluent Treatment Plant
and the sludge
generated should be
sent to treatment
Storage disposal Facility
(TSDF).
17
17 Oil containing water Complied, ETP is installed for
condensate should be treatment of Oil containing water
treated in suitable ETP. condensate. Unit has obtained Oily sludge/residues membership of TSDF.
should be disposed
through TSDF.
3- OBSERVATIONS:-
1- The unit is lying closed since the incident of blast occurred on
dt. 27/02/2024. It was found during inspection that the reactor installed in the industry did not explode in the accident only gate was founded to be exploded. The accident is likely a result of opening of gate before the scheduled time required for cooling of reactor.
2- The unit was engaged in production of Oil-6TPD, Black Carbon-
04TPD, Steel Wire-02TPD with consented capacity of Oil-6TPD, Black Carbon-04TPD, Steel Wire-02TPD using waste tyre.
3- The unit is having Consent to Establish (CTE) dt. 09/03/2018 Consolidated Consent to Operate under Section-25 of the Water (Prevention & Control of Pollution) Act, 1974 and under Section- 21 of the Air (Prevention & Control of Pollution) Act, 1981, which is valid up to 31.07.2028. (Annexure-1).
4- The photographs taken at the time of inspection are attached as Annexure-2. The above report is submitted for perusal and necessary action please."
14. On behalf of District Magistrate, Meerut (respondent 3), a reply affidavit dated 07.09.2024 vide e-mail dated 09.09.2024 has been filed which has been sworn by Satish son of Murari Lal, Naib Tehsildar, District-Meerut. The incident occurred on 27.02.2024 is admitted and it is said that primary reason led to accident was opening of the heating reactor gate by the workers/labourers present at the time of explosion which occurred in the factory located outside the municipal limits of District Meerut. After receiving information, District Administration immediately took steps to provide relief facilities to the families of the deceased and injured persons. District Magistrate, Meerut vide office 18 order dated 27.02.2024 constituted a joint inspection Committee to investigate the accident and submit detailed Report. On the complaint of applicant-I, Mrs. Lakshmi, a First Information Report (hereinafter referred to as 'FIR') No. 0164 dated 12.07.2024 under Sections 304A, 337, 338, 452, 504 and 506 of Indian Penal Act, 1860 and Section 3(2)(va) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 has been lodged against two partners of respondent 5 at P.S. Incholi, District-Meerut. It is also said that the principle of absolute liability is applicable and the occupier/the owner of the premises carrying on dangerous activity is liable to compensate for the damages suffered by the persons on account of any incident in such premises.
15. Reply affidavit dated 08.10.2024 has been filed vide e-mail dated 06.11.2024 by respondent 5 stating that it is operating a small re-cycling unit following all the mandatory requirement under different Statues and Regulations. The incident on 27.02.2024 occurred due to opening of reactor by the workers before it should have been opened. FIR has been registered on 12.07.2024 and the investigation is still underway.
There is no violation of environmental laws and norms on the part of respondent 5. There is no boiler in the unit and, therefore, the story of explosion of boiler is incorrect. It is also said that respondent 5 is not a chemical factory but it is a re-cycling unit which has been granted consent by UPPCB. The allegations in OA have been denied as without basis and it is said that the incident was unfortunate in which lives were lost and people were injured. It is reiterated that there was no boiler but the unit is rector based. It is further said that timing of opening of door of reactor was based upon the temperature and pressure and both the meters were duly installed with the reactor. Safety kits including masks, helmets, gloves and shoes were provided to all the workers; sensors were 19 duly installed as part of PLC and on site emergency plan was also displayed; unit was granted license under Factories Act, 1948, which was renewed on 18.03.2024; SOP was followed; PLC was duly adopted and installed and there was no violation on the part of the unit and the applicant has no substance.
16. An additional reply dated 13.12.2024 has also been filed by respondent 5 stating that the unit is covered under ESI Act, 1948 which is like Workmen Compensation Act, 1923 (Now Employees Compensation Act, 1923) (hereinafter referred to as 'EC Act, 1923') and social security legislation for welfare of the workers. It has a wider coverage as far as compensation is concerned. It also includes health care/maternity and sickness benefits other than the compensation for death/injuries. 04 cases are pending before Commissioner under EC Act, 1923 filed by Dinesh, Smt. Mahendri, wife of Chatru, Sainky and Sohan Pal which means that 04 persons have already applied under EC Act, 1923 for award of compensation. Respondent 5 also paid medical expenses to the tune of Rs.5,91,149/- and Rs. 5 lakhs each in cash to the families of 02 deceased. Bar under Section 17 of NGT Act, 2010 applies since applications have been filed under EC Act, 1923 which are pending. By virtue of Section 17, no compensation is payable to the persons whose applications are pending under EC Act, 1923. There is no violation of environmental norms and hence environmental norms are not applicable.
No harm has been caused to environment and there is no violation of environmental standards hence Section 33 of NGT Act, 2010 is also not applicable. Cheques were issued to the applicants but payment was stopped since parallel proceedings under labour laws were started by Competent Authority and the unit being a small industry, could have sustained the onus of parallel proceedings.
2017. On behalf of respondent 3 i.e., District Magistrate, Meerut, a further affidavit dated 17.12.2024 has been filed stating that Joint Committee constituted by District Magistrate, Meerut submitted its Report dated 29.10.2024 and copy of the said Report is placed on record as annexure R-2 at page 230. The content whereof reads as under:
"उक्त के सम्बन्ध में उप श्रमायुक्त उ०प्र० मेरठ क्षेत्र, मेरठ से जाांच आख्यानुसार उक्त प्रतिष्ठान तिनाांक 03.05.2018 से कारखाना अतितनयम के अन्तर्गि पांजीकृि है। प्रतिष्ठान में पुराने टायर ां का िापीय तिघटन करके कार्गन पाउडर, स्टील िायर, फ्यूल ऑयल क Extract तकया जािा है। दिन ांक 27.02.2024 को प्र तः 06:15 पर प्रदतष्ठ न में 11 श्रदमक क र्यरत थे। कारखाने में 02 Pyrolysis Plant (M/C) स्थातपि है , तजसका लर्भर् 25x9 तिट का Cyllinderical आकार है। Pyrolysis मशीन नां0-2 पर कुछ श्रतमक हुड लर्ाकर कार्गन पाउडर क तनकालने का काम कर रहे थे। क र्यन को दनक लने के पश्च त वे मशीन के Flang (लीड) के र्ोल्ट को खोल रहे थे , उसी िौर न Cyllinderical Vessele में Flue गैसेज के Accumulation होने के क रण अत्यदिक िर् व उत्पन्न हो गर् , दजसके क रण लगभग 500 Kg क Flang Blast (तेजी) के स थ र् हर आर् , दजसकी चपेट में आने से 02 श्रदमकोां की मृत्यु हो गर्ी एवां 03 श्रदमक गम्भीर रूप से घ र्ल हो गर्े। इस क्रम में सेिाय जक प्रतिष्ठान क कायागलय पत्र सांख्या 2852-57 तिनाांक 28 िरिरी, 2024 द्वारा मृिक श्रतमक ां के आतश्रि ां क कमगचारी क्षतिपूतिग अतितनयम, 1923 की िारा 10-A के अन्तर्गि क्षतिपूतिग की िनरातश प्रिान तकये जाने हेिु न तटस प्रेतिि कर िी र्यी है। प्रकरण पर सजर् दृति रखी जा रही है ।
2- इसी प्रकार सह र्क दनिे शक क रख न उ०प्र० मेरठ क्षेत्र मेरठ की ज ांच आख्य नुस र मैससग िु र्ाग इण्टरप्राईजेज, ग्राम-मसूरी, मिाना र ड, मेरठ में तिनाांक 27.02.2024 को सुर्ह लगभग 6:00 र्जे रोज की तरह प र्रोदलदसस प्रदिर् से वेस्ट स्क्रैप ट र्र क थमयल दडकम्पोदजशन से उत्प ि जैसे क र्यन, त र, प र्रोदलदसस ऑर्ल और प र्रो गैस (H₂, H₂S, CO, CO₂, CH₄, C2H4, C3, H6 एवां अन्य गैसेस) क उत्प िन होत है। दिन ांक 26-02-2024 को सुर्ह 8:00 र्जे ररएक्टर में प र्रोदलदसस के दलए वेस्ट स्क्रैप ट र्र लगभग 7 टन को लोड दकर् गर् , दजसकी प्रदिर् सम प्त होने के अगले दिन दिन ांक 27-02-24 को उत्प ि क र्यन एवां त र को दनक लने के दलए ररएक्टर कैप में लगे 21 र्ोल्ट, M25x180mm) को खोलने क क र्य 02 कमयक र 1-श्री शैन्की 2-श्री र्ब्लू द्व र दकर् ज रह थ । ररएक्टर में इकट्ठा पायर तलतसस से र्ने उत्पाि कार्गन क र् री में इकट्ठा करने के इक्यूप्मेन्ट क ररएक्टर कैप से ज ड़ने के तलए सामने से कमगकार 1- श्री शांकर लाल पुत्र श्री तिजय पाल 2- प्रिीन पुत्र श्री चिर तसांह द्वारा लाया जा रहा था। ररएक्टर में प र्रो गैस की पूणयत सम प्तप्त को सुदनदश्चत दकए र्गैर ररएक्टर कैप के र्ोल्ट को खोल ज रह थ । कुछ र्ोल्ट खोलते ही ररएक्टर में उपप्तित प र्रो गैस के फ्लेमेर्ल रें ज में होने से व त वरण में उपप्तित ऑक्सीजन (अनकांटर ोल्ड एर्र इनटे क) से अदभदिर् कर ली। ह इडर ोजन एवां क र्यन मोनो ऑक्स इड क रूम त प और ि र् पर दलदमदटां ग ऑक्सीजन कन्सन्ट्रेशन 4% है, दजससे इस अदभदिर् से ररएक्टर के अन्दर एक्सप्लोदसव दमक्सर र्न गर् और ररएक्टर के अन्दर दवस्फोट हुआ, दजससे ररएक्टर क कैप र्ोल्ट और कब्जे को तोड़कर दनकल गर् दजसकी चपेट में क र्यन को इकट्ठ करने की इक्यूप्मेन्ट् को ल ने व ले कमयक र प्लेट दजसक व्य स लगभग 8.5 फीट और वजन लगभग 1 टन है, की चपेट में आ गर् दजससे िोनोां कमयक रोां की मृत्यु हो गर्ी और नट खोलने व ले 02 21 कमयक र घ र्ल हो गर्े, तजनक उपचार के तलए तिव्य ज्य ति हास्पिटल, र्ांर्ानर्र, मेरठ में भिी कराया र्या है जहााँ से उनक प्राथतमक उपचार िे कर न्यूतटमा हास्पिटल, मेरठ में रे िर कर तिया र्या है। जहााँ से श्री र्ब्लू के स्वस्थ ह ने के कारण तडस्चाजग कर तिया र्या है िथा शैन्की का उपचार तकया जा रहा है ।
3- मुख्य अदिशमन अदिक री, मेरठ से ज ांच आख्य नुस र मैससय िु र्ाग इण्टरप्राईजेज, ग्राम मसूरी, मिाना र ड, मेरठ में तिनाांक 27.02.2024 क सुर्ह लर्भर् 06.00 र्जे र ज की िरह पायर तलतसस प्रतक्रया से िेस्ट स्क्रैप टायर का थमगल तडकम्प तजशन से उत्पाि जैसे कार्गन, िार, पायर तलतसस ऑयल और पायर र्ैस (H₂, H₂S, CO, CO2, CH₄, C2H4, C3, H, एिां अन्य र्ैसेस) का उत्पािन ह िा है। तिनाांक 27-02-2024 क उत्पाि कार्गन एिां िार क तनकालने के तलए ररएक्टर कैंप में लर्े र् ल् ां क ख लने का कायग 02 कमगकार 1 श्री शैन्की 2-श्री र्ब्लू द्वारा तकया जा रहा था। ररएक्टर में इकट्ठा पायर तलतसस से र्ने उत्पाि कार्गन क र् री में इकट्ठा करने के इक्यूप्मेन्ट क ररएक्टर कैंप से ज डने के तलए सामने से कमगकार 1 शांकर लाल पुत्र श्री तिजय पाल 2- प्रिीन द्वारा लाया जा रहा था। ररएक्टर में प र्रो गैस की पूणयत सम प्तप्त को सुदनदश्चत दकए र्गैर ररएक्टर कैंप के र्ोल्ट को खोल ज रह थ । कुछ र्ोल्ट खोलते ही ररएक्टर में उपप्तित प र्रो गैस के फ्लेमेवल रें ज में होने से व त वरण में उपप्तित ऑक्सीजन (अनकांटर ोल्ड एर्र इनटे क) से अदभदिर् कर ली। इस अदभदिर् से ररएक्टर के अन्दर एक्सप्लोदसव दमक्सर र्न गर् और ररएक्टर के अन्दर दवस्फोट हुआ, दजससे ररएक्टर क कैप र्ोल्ट और कब्जे को तोड़कर दनकल गर् , दजसकी चपेट में आकर उक्त घटन में 02 कमयक र 1-श्री शांकर ल ल पुत्र श्री दवजर् प ल उम्र 32 वर्य, 2- श्री प्रवीन पुत्र श्री चतरू उम्र 22 वर्य दनव सीगण ग्र म दकशोरीपुर थ न इां चौली मेरठ की घटन िल पर ही मृत्यु हो गर्ी तथ 03 कमयक र 1-दिनेश कुम र पुत्र ज्ञ न दसांह उम्र 35 वर्य 2- श्री सोनप ल पुत्र श्री र्ीरर्ल उम्र 45 वर्य, 3- श्री शैन्की पुत्र सोनप ल उम्र 20 वर्य दनव सीगण दकशोरीपुर थ न इां चौली मेरठ गांभीर से घ र्ल हो थे दजन्हें उपच र हेतु अस्पत ल में भती कर र् गर् । र्ह भी उल्लेख दकर् है दक प्रश्नगत औद्योदगक भवन में अदि सुरक्ष व्यवि ऐां म नको के अनुरूप एवां क र्यशील िश में ि दपत न होने के क रण दिन ांक 16.08.2023, 09.01.2024 ि 29.02.2024 क तनयमानुसार अति सुरक्षा व्यिस्थाएाँ स्थातपि एिां कायगशील तकये जाने हेिु भिन स्वामी क उ०प्र० अतिशमन िथा आपाि सेिा अतितनयम-2022 िारा 29 (1) के अन्तर्गि अतिशनमन अतिकारी पुतलस लाईन मेरठ द्वारा न तटस तनर्गि तकये र्ये है , तजनकी ििगमान में कायगिाही प्रचतलि है ।
4- उपायुक्त उद्य र् तजला उद्य र् प्र त्साहन िथा उद्यतमिा तिकास केन्द्र, मेरठ से जाांच आख्यानुसार क ई भी व्यस्पक्त ज सूक्ष्म, लघु एिां मध्यम उद्यम स्थातपि करने की आशा रखिा है, स्वः घ िणा के आिार पर सूक्ष्म, लघु एिां मध्यम उद्यम मांत्रालय भारि सरकार द्वारा सांचातलि उद्यम रतजस्टर ीकरण प टग ल https://udyamregistration.gov.in पर ऑनलाईन उद्यम पांजीकरण के तलए आिेिन, आिार सांख्या एिां पेन काडग की उपलब्धिा ह ने पर स्विः ही कर सकिा है , इसमें िस्तािेज, कार्जाि या तकसी भी प्रकार के प्रमाण-पत्र ां क अपल ड करने की क ई आिश्यकिा नहीां है । उद्यमी द्वारा िेर् प टग ल https://udyamregistration.gov.in पर पांजीयन के समय इकाई का तििरण भरा जािा है। िेर् प टग ल पर ऑनलाईन पांजीयन के समय भू -उपय र् (आिासीय / औद्य तर्क / कृति/आति) का तििरण नहीां मााँर्ा जािा है। पांजीकरण के पश्चाि िुरन्त ही उद्यम रतजस्टर ीकरण प्रमाण पत्र प टग ल द्वारा जारी ह जािा है। उद्यम रतजस्टर ीकरण की प्रतक्रया पूणगिः तनः शुल्क है। सूक्ष्म, लघु एिां मध्यम उद्यम अतितनयम-2006 के अन्तर्गि तजला उद्य र् केन्द्र द्वारा स्विः तनरीक्षण का क ई प्रातििान नहीां है। तजला उद्य र् केन्द्र क उद्यम पांजीकरण क जारी/स्वीकृि/तनरस्त एिां स्विः भौतिक स्थलीय तनरीक्षण करने हेिु क ई अतिकार प्राप्त नहीां है। भ रत सरक र द्व र सांच दलत वैर् पोटय ल पर उपलब्ध पांजीकृत उद्योगोां की 22 सूची में मैससय िु ग य एन्ट्रप्र ईजेज फैक्टर ी क न म िजय नही ां है , दजससे र्ह स्पष्ट होत है दक उक्त इक ई द्व र पोटय ल पर भी दकसी प्रक र क पांजीर्न नही ां कर र् गर् है। 5- क्षेत्रीय कायागलय उत्तर प्रिे श प्रिू िण तनयांत्रण र् डग , म िीपुरम मेरठ से जाांच आख्यानुसार तिनाांक 27.02.2024 क उद्य र् में हुई िु घगटना के सम्बन्ध में जाांच हेिु तिनाांक 27.02.2024 एिां मह िय के आिे शानुसार पुनः तिनाांक 28.02.2024 क तनरीक्षण तकया र्या। आख्या तनम्निि् हैं :-
1. उद्य र् में िेस्ट टायर, ट्यूर् का कच्चे माल के रूप में प्रय र् कर पायर लेतसस ऑयल, कार्गन ब्लैक का उत्पािन तकया जािा है। उद्य र् में 10 मी०टन/र्ेच क्षमिा के 02 ररएक्टर स्थातपि है।
2. उद्य र् में स्थातपि ररएक्टर में ईांिन के रूप में प्रारस्पिक तहतटां र् हेिु िेस्ट िुड/िाय मास का प्रय र् तकया जािा है। इसके र्ाि प्रतक्रया से जतनि पायर र्ैस का ईांिन के रूप में प्रय र् तकया जािा है। जतनि पायर र्ैस की अतिररक्त मात्रा क भूिल से लर्भर् 30 मी० ऊाँची पलेयर स्टै क के माध्यम से र्नग तकया जािा है।
3. उद्य र् में एक समय में 01 ही ररएक्टर का सांचालन तकया जािा है। ि न ां ररएक्टर से जतनि िायु उत्सजगन का तनस्तारण भूिल से लर्भर् 30 मी० ऊाँची तचमनी से तकया जािा है। िायु प्रिू िण तनयांत्रण हेिु तचमनी के साथ िेट स्क्रर्र स्थातपि है।
4. उद्य र् द्वारा कांडें सर से पायर लेतसस ऑयल क र्न्द र्ैसल में एकत्र कर र्न्द पररपथ द्वारा टैं क में भण्डाररि तकया जािा है। ऑयल की मैनुअली हैण्डतलांर् नहीां की जािी है ।
5. उद्य र् क राज्य र् डग से उद्य र् के सांचालनाथग सशिग जल / िायु सहमति प्राप्त है , ज NAA तक ििगमान में िैि है।
6. दिन क 27.02.2024 को हई िु घयटन में उद्योग में ि दपत ररएक्टर नही ां फट है।
ररएक्टर के गेट खोलने से िु घयटन घदटत हुई है , ऐस गमय ररएक्टर को दनि यररत समर् से पूवय ठण्ड दकर्े दर्न ही प्रेशर र्ुक्त ररएक्टर क गेट खोलने से िु घयटन घदटत होन सम्भ दवत है।
7. मौके पर ज्ञाि हुआ तक िु घगटना में 02 श्रतमक की मृत्यु हुई हैं िथा 03 श्रतमक घायल अिस्था में अििाल में पहुांचाये र्ये।
8. घतटि िु घगटना लापरिाही के कारण ह ना पररलतक्षि ह िा है। उद्य र् से िायु प्रिू िण एिां जल प्रिू िण के कारण िु घगटना ह ना दृतिर् चर नही ह िा है।
उक्त जाांच के सम्बन्ध में कायागलय के न तटस सांख्या-768 तिनाांक 22 जुलाई 2024 ि पत्र सांख्या-769/ एस०टी०-मिाना/2024 तिनाांक 30 जुलाई 2024 स्वामी िु र्ाग एन्टरप्राईजेज िैक्टर ी तिटकरी मिाना क तनर्गि कर तिनाांक 04-08-2024 क प्रािः 10:00 र्जे प्रकरण सम्बन्धी ि समस्त तिभार् ां की एन०ओ०सी०, सुरक्षा व्यिस्था, साईनेज इत्याति अतभलेख सतहि इस कायागलय में उपस्पस्थि ह ने की अपेक्षा की र्यी, तजसके क्रम में श्री िीपक जैन स्वामी िु र्ाग एन्टरप्राईजेज िैक्टर ी तिटकरी मिाना हॉल तनिासी र्ािली र ड र्डौि जनपि र्ार्पि उपस्पस्थि हुए िथा िैक्टर ी से सम्बस्पन्धि तिभन्न तिभार् ां से प्राप्त अनापतत्त प्रमाण-पत्र एिां अन्य साक्ष्य / अतभलेख प्रस्तुि तकये र्ये। इसी प्रकार कायागलय के न तटस सांख्या-2085 तिनाांक 12 तसिम्बर 2024 तनर्गि कर 1. श्री तिजयपाल (मृिक शांकरलाल के तपिा), 2. श्री चिरू (मृिक प्रिीण के तपिा), 3. श्री तिनेश कुमार पुत्र ज्ञान तसांह, 4. श्री स हनपाल पुत्र र्ीरर्ल, 5. श्री शैंकी पुत्र स हनपाल समस्त तनिासीर्ण-ग्राम तकश रीपुर थाना इां चौली िहसील मिाना तजला मेरठ (घायल) क तिनाांक 17-09-2024 क अपरान्ह 12:00 र्जे उपस्पस्थि ह ने की अपेक्षा की र्यी। तनयि तिनाांक 17-09-2024 क श्री स हनपाल पुत्र र्ीरर्ल आयु 46 ििग ि श्री तिनेश पुत्र श्री ज्ञान तसांह आयु 38 ििग (ि न घायल) उपस्पस्थि हुए िथा श्री शैंकी पुत्र स हनपाल अनुपस्पस्थि रहे िथा श्री चिरू पुत्र सािुराम (मृिक प्रिीन के तपिा) आयु 60 ििग िथा श्रीमति लक्ष्मी पत्नी स्व० शांकरलाल (मृिक शांकरलाल की पत्नी) आयु 23 27 ििग उपस्पस्थि हुए। इनके द्वारा क्रमशः अपने -अपने मौस्पखक कथन परान्त अपने -अपने र्यान िजग कराये र्ये, तजनमें क्रमशः उस्पिस्पखि तकया र्या है तक 1- चिरू का पुत्र प्रिीन, 2. श्रीमति लक्ष्मी का पति शांकर िु र्ाग एन्टरप्राईजेज तिटकरी िैक्टर ी में कायग करिे थे। िैक्टर ी में र्ॉयलर िटने से इनकी मृत्यु ह र्यी। िैक्टर ी में सुरक्षा व्यिस्था मानक के अनुरूप नही थी, तजस कारण हािसा हुआ। िैक्टर ी मातलक द्वारा उस समय ि न पक्ष ां क 05-05 लाख रूपये नकि पुतलस-प्रशासन के सामने तिये र्ये थे िथा 10-10 लाख रूपये के चैक ओर तिये र्ये थे ज तक र्ाऊन्स ह र्ये। 10-10 लाख रूपये नही तिये र्ये है और उल्ा मुकिमा हमारे ऊपर कर तिया र्या है। हमें 10-10 लाख रूपये तिये जाये िथा कठौर कायगिाही की जायें।
इसी क्रम में घायल स हनपाल पुत्र र्ीरर्ल आयु 46 ििग ि श्री तिनेश पुत्र ज्ञान तसांह आयु 38 ििग द्वारा अिर्ि कराया र्या तक हम िु र्ाग एन्टरप्राईजेज तिटकरी िैक्टर ी में र्ॉयलर ल ड का कायग करिा था। तिनाांक 27-02-2024 क िहाां पर र्ॉयलर िट र्या, तजसमें हम र्िीर रूप से घायल ह र्ये। हमारा उपचार पहले तिव्याज्य ति अििाल र्ांर्ानर्र में कराया र्या इसके पश्चाि तजलातिकारी मह िय द्वारा न्यूतटर मा अििाल में भिी कराया र्या। िहाां 06 तिन इलाज चला इसके पश्चाि घर आकर स्वयां अपना उपचार कराया। िैक्टर ी में सुरक्षा के सम्बन्ध में क ई उपकरण िथा मानक के अनुरूप सुरक्षा व्यिस्था नही थी तर्ना सुरक्षा के यह हािसा ह र्या। इसी प्रकार र्यानकिाग स हनपाल पुत्र र्ीरर्ल द्वारा भी सांयुक्त रूप से यही कथन कहे।
प्रश्नर्ि प्रकरण के सम्बन्ध में श्री िीपक जैन स्वामी िु र्ाग एन्टरप्राईजेज द्वारा तिनाांक 19-09-2024 क कायागलय में उपस्पस्थि ह कर तलस्पखि रूप में अपना पक्ष रखिे हुए सम्बस्पन्धि तिभार् द्वारा तनर्गि अनापतत्त प्रमाण-पत्र एिां अन्य साक्ष्य प्रस्तुि तकये , तजसमें उस्पिस्पखि तकया है तक "ररएक्टर को सुरदक्षत रूप से चल ने एवां सुरदक्षत रूप से र्ांि करने की सांपूणय दजम्मेि री ऑपरे टर की होती है। श्री सोहनप ल एवां अन्य लोग ऑपरे टर के अदसस्टें ट / सह र्क थे। प्ल ांट के सांच लन सांर्ांदित सभी महत्वपूणय टे प्तिकल ज नक री ऑपरे टर एव अदसस्टें ट को होती है। यति प्ाांट मे क ई भी िाल् ह िा है ि ऑपरे टर प्ाांट सांचालक क िे िा है , तजसक िु रुस्त कराने का कायग सांचालक का ह िा है , लेतकन ना ही ऑपरे टर एिां अतसस्टें ट ने हम सांचालक क ररएक्टर में तकसी प्रकार क क ई कमी या िाल् र्िाया था। प्ल ांट के कमयच ररर्ोां से पूछत छ में पत चल की ऑपरे टर एवां अप्तिटें ट ने समर् से पहले ररएक्टर क ढक्कन/गेट खोल दिर् थ , दजससे र्े ह िस हो गर् , तजस समय यह घटना हुयी सूचना तमलने पर मै िुरन्त अपने आिास र्डौि से ज 80 km लर्भर् है से प्ाांट के तलए चल तिया था और सभी घायल ां के तलए एम्बुलेंस सभी अििाल में भिी करने के तलए अपने मुनीम क एिां ऑपरे टर क तनिे श िे तिये थे, तजससे घायल ां का इलाज करिाया और पैमेंट की प्ाांट पर पहुांचने पर पिा चला की घायल ां में से ि मजिू र की मौि ह र्यी है। प्ाांट में लर्भर् 500 ल र् की भीड़ थी, तजसमे कुछ असमातजक ित्व मेरे साथ एिां मेरे भाई के साथ हाथापाई कर रहे थे एिां जान से मारने की क तशश कर रहे थे, तजसकी िजह से प्ाांट से भार् कर इां चौली थाने में जान र्चाई। इां चौली थाने में भी कुछ असामातजक ित्व ां ने हम सांचालक क जर्रिस्ती िर्ाि और िमकाकर 10 लाख रुपये लें तलए एिां चैक ले तलए और एक िैसलानामा र्नाकर जर्रिस्ती तसिेचर करा तलए, जर्तक िहाां उपस्पस्थि अतिकाररय ां ने कहा तक ये सर् र्लि है , ज भी मुआिजा तमलेर्ा ESIC से तमलेर्ा और अतिकाररय ां ने तकसी भी समझौिे में तसिेचर करने से मना कर तिया था, लेतकन असामतजक ित्व ां ने हम सांचालक के साथ हाथापाई और र्ाली र्ल च करने लर् र्ये थे। अपनी जान र्चाने के तलए िर्ाि में आकर हमने 10 लाख और चैक िे तिये थे। चूांतक प्ाां ट के आकउां ट में पैसे नही ह ने की िजह से चैक र्ाउां स ह र्ये थे।
24इसी कारण पैसे उर्ाही करने के तलए मेरे और मेरे भाई और अन्य ल र् के ऊपर जानर्ूझकर मुकिमा करिाया र्या है , ज सरासर पूरी िरह र्लि है। इसतलए आप से सािर अनुर ि है की आप हम सभी क पूणग न्याय िे ने की कृपा करें । मह िय हम अपना कारखाना पूणग रूप से भारि सरकार द्वारा NOC प्राप्त करके मानक के अनुसार चलािे रहे है।"
अि हस्ताक्षरी द्वारा सम्बस्पन्धि तिभार् की आख्याओां एिां ि श्रतमक के पररजन ां एिां ि घायल िथा एक घायल शेंकी के तपिा स हनपाल द्वारा िजग कराये र्ये र्यान ां िथा श्री िीपक जैन स्वामी िु र्ाग एन्टरप्राईजेज तिटकरी द्वारा प्रस्तुि तकये र्या अपना पक्ष एिां साक्ष्य के रूप में उपलब्ध करायी र्यी सम्बस्पन्धि तिभार् ां द्वारा तनर्गि एिां अन्य साक्ष्य ां / अतभलेख ां का अिल कन / पररशीलन तकया र्या। उपरोक्त आख्य ओां एवां अदभलेखोां / स क्ष्ोां के आि र पर ज ांच आख्य दनम्नवत् है :-
मैससग िु र्ाग एन्टप्राईजेज के0एच0-757/1 एिां 762/2 मेरठ मिाना र ड तिनाक 03- 05-2018 से कारखाना अतितनयम के अन्तर्गि पांजीकृि है िथा कारखाने में पुराने टायर ां का िापीय तिघटन करके कार्गन पाउडर, स्टील िायर, फ्यूल ऑयल क Extract तकया जािा है। कारखाने में 02 Pyrolysis Plant (M/C) स्थातपि है , तजसका लर्भर् 25x9 तिट का Cyllinderical आकार है। Pyrolysis मशीन नां0-2 पर 02 श्रतमक 1-श्री शैन्की, 2-श्री र्ब्लू द्वारा ररएक्टर में इकट्ठा पायर तलतसस से र्ने उत्पािन कार्गन क र् री में इकट्ठा करने के इक्यूप्मेन्ट क ररएक्टर कैप से ज डने के तलए सामने से श्रतमक 1-शांकरलाल पुत्र तिजयपाल, प्रिीन पुत्र चरिू तसांह द्वारा लाया जा रहा था। ररएक्टर में प र्रो गैस की पूणयत सम प्तप्त को सुदनदश्चत दकए र्गैर ररएक्टर कैप के र्ोल्ट को खोल ज रह थ । कुछ र्ोल्ट खोलते ही ररएक्टर में उपप्तित प र्रो गैस के फेलेम्बल रें ज में होने से व त वरण में उपप्तित ऑक्सीजन (अनकांटर ोल्ड एर्र इनटे क) से अदभदिर् कर ली। ह इडर ोजन एवां क र्यन मोनो ऑक्स इड क रूम त प और ि र् पर दलदमदटां ग ऑक्सीजन कन्सन्ट्रेशन 4% है, दजससे इस अदभदिर् से ररएक्टर के अन्दर एक्सप्लोदसव दमक्सर र्नने से ररएक्टर के अन्दर दवस्फोट हुआ, दजससे ररएक्टर क कैप र्ोल्ट और कब्जे को तोड़कर दनकल गर् दजसकी चपेट में क र्यन को इकट्ठ करने की इक्यूप्मेन्ट् को ल ने व ले कमयक र प्लेट दजसक व्य स लगभग 8.5 फीट और वजन लगभग 1 टन है, की चपेट में आ गर् तजससे ि न ां श्रतमक क्रमशः 1- शांकरलाल पुत्र तिजयपाल, 2- प्रिीन पुत्र चरि तसांह की मृत्यु ह र्यी एिां 03 श्रतमक क्रमशः 1- तिनेश कुमार पुत्र ज्ञान तसांह उम्र 35 ििग 2-स हनपाल पुत्र श्री र्ीरर्ल उम्र 45 ििग 3-शैन्की पुत्र स हनपाल उम्र 20 ििग तनिासीर्ण तकश रीपुर थाना इां चौली मेरठ र्ांभीर रूप से घायल ह थे , तजनक प्राथतमक उपचार हेिु तिव्य ज्य ति हास्पिटल, र्ांर्ानर्र, मेरठ में भिी कराया र्या है जहााँ से उनक प्राथतमक उपचार िे कर न्यूतटमा हास्पिटल, मेरठ में रे िर कर तिया र्या है , जहाां पर घायल के कथनानुसार 06 तिन िक उपचार चला। इसके पश्चाि िे अपने घर पहुाँच र्ये। िीसरा घायल व्यस्पक्त शैंकी ज तक उपस्पस्थि नही हुआ, परन्तु इनके तपिा स हनपाल द्वारा अिर्ि कराया र्या तक शैंकी र्िीर रूप से घायल है िथा चलने-तिरने में असमथग है , तजस कारण से िह उपस्पस्थि नही ह सका है। यहाां यह भी उिेखनीय है तक प्रश्नर्ि प्रकरण के सम्बन्ध में पीतडि पक्ष द्वारा स्वामी मैससग िु र्ाग एन्टरप्राईजेज तिटकरी मिाना र ड मिाना के तिरूद्ध श्रीमति लक्ष्मी आति र्नाम अतमि जैन आति िौजिारी प्रकीणग िाि सांख्या-411 सन् 2024 न्यायालय अपर मुख्य न्यातयक मतजस्टर े ट न्यायालय सांख्या-04 मेरठ अन्तर्गि िारा-156 (3) य तजि की है । इसी प्रकार मैससग िु र्ाग एन्टरप्राईजेज तिटकरी मिाना र ड मिाना द्वारा अतमि कुमार जैन र्नाम श्रीमति लक्ष्मी आति िौजिारी प्रकीणग िाि सांख्या-721/24 सन् 2024 न्यायालय अपर मुख्य न्यातयक मतजस्टर े ट न्यायालय सांख्या-04 मेरठ अन्तर्गि िारा- 156 (3) य तजि की है , ज तक ििगमान में तिचारािीन है ।25
-: दनष्कर्य :-
कारखाने में स्थातपि 02 Pyrolysis Plant (M/C) से कार्गन पाउडर क तनकालने का कायग के पश्चाि श्रदमक मशीन के Flang (लीड) के र्ोल्ट को खोल रहे थे , उसी िौर न Cyllinderical Vessele में Flue गैसेज के Accumulation होने के क रण अत्यदिक िर् व उत्पन्न होने के क रण ररएक्टर के अन्दर दवस्फोट हुआ। प्रथम दृिया उपर क्त ि न श्रतमक की इसकी चपेट में आने के कारण िु घगटना ह ना िसिीक हुआ है।
श्री िीपक जैन द्व र थ न इां चौली में पुदलस एवां प्रश सदनक अदिक ररर्ोां की मौजूिगी में मृतक के पररजनोां को 05-05 ल ख रूपर्े नकि दिर्े गर्े है , िि है एिां 10-10 लाख रूपये के चैक मृिक के पररजन ां एिां कुल 15.50 लाख (पन्द्रह लाख पचास हजार रूपये) के चैक घ र्लो के न म से िे ते हुए एक समझौत न म भी हस्त क्षर कर दिर् गर् । उक्त समस्त चैक र्ैंक ख ते में पर् यप्त िनर दश न होने के क रण चैक र् उन्स हो गर्े है तजसके सम्बन्ध में िाि अपर मुख्य न्यातयक मतजस्टर े ट न्यायालय सांख्या- 04 में अन्तर्गि िारा 138 एन०आई० एक्ट तिचारािीन है। श्री िीपक जैन क र्ह कथन दक थ ने में इनके स थ जर्रिस्ती / गली-गलौच कर चैक दलर्े गर्े है, स्वीक र दकर्े ज ने र्ोग्य नही है। र्ह ां र्ह भी उल्लेखनीर् है दक तीनो घ र्लो क उपच र श्री िीपक जैन द्व र कर र् गर् है। उपचार के िौरान िनरातश अांकन 5,91,149/- रूपये व्यय हुए है, अििाल के तर्ल ां की प्रति सांलि है। मृिक कमगचारी शांकरलाल पुत्र श्री तिजयपाल ि प्रिीण पुत्र श्री चिरू के आतश्रि पक्ष यति चाहें ि समक्ष न्यायालय (आयुक्त, कमगचारी प्रतिकर अतितनयम, 1923) के समक्ष कमगचारी प्रतिकर अतितनयम 1923 के प्रातििान ां के आल क में तनयमानुसार अपना िािा प्रस्तुि कर राहि िनरातश प्राप्त कर सकिा है।
English Translation by Tribunal:
"In relation to the above, as per the investigation report from the Deputy Labor Commissioner, Uttar Pradesh, Meerut Region, Meerut, the said establishment is registered under the Factories Act from 03.05.2018. Carbon powder, steel wire, fuel oil are extracted in the establishment by thermal disintegration of old tyres. 11 workers were working in the establishment on 27.02.2024 at 06:15 am. 02 Pyrolysis Plant (M/C) is installed in the factory, which has a cylindrical size of about 25x9 feet. Some workers were extracting carbon powder by putting on a hood on Pyrolysis Machine No. 2. After removing the carbon, they were opening the bolt of the flange (lead) of the machine, during which excessive pressure was generated due to accumulation of flue gases in the Cylindrical Vessel, due to which about 500 Kg of flange came out with a blast, 02 workers died and 03 workers were seriously injured in the blast. In this sequence, a notice has been sent to the employer establishment vide letter no. 2852-57 dated 28th February 2024 to provide compensation amount to the dependents of the deceased workers under Section 10-A of the Employees' Compensation Act, 1923. The matter is being closely monitored.
2- Similarly, as per the investigation report of Assistant Director Factory, Uttar Pradesh, Meerut Region, Meerut, on 27.02.2024 at around 6:00 am, at M/s Durga Enterprises, Village-Mussoorie, Mawana Road, Meerut, products such as carbon, wire, pyrolysis oil 26 and pyro gas (H₂, H₂S, CO, CO₂, CH₄, C2H4, C3, H6 and other gases) are produced from thermal decomposition of waste scrap tyres through pyrolysis process as usual. On 26-02-2024 at 8:00 AM, about 7 tons of waste scrap tyres were loaded in the reactor for pyrolysis, after the completion of the process on the next day i.e. 27-02-24, the work of opening 21 bolts (M25x180mm) fitted in the reactor cap to remove the product carbon and wire was being done by 02 workers 1- Mr. Shanky 2- Mr. Bablu. The equipment for collecting the carbon produced by pyrolysis in the reactor in a sack was being brought by the workers 1- Shri Shankar Lal S/o Shri Vijay Pal and 2- Praveen S/o Shri Chatar Singh to connect it to the reactor cap. The bolts of the reactor cap were being opened without ensuring complete exhaustion of the pyro gas in the reactor. The pyro gas present in the reactor being in the flammable range reacted with the oxygen present in the atmosphere (uncontrolled air intake) after opening of some bolts. The limiting oxygen concentration of hydrogen and carbon monoxide at room temperature and pressure is 4%, due to which this reaction created an explosive mixer inside the reactor and an explosion occurred inside the reactor, due to which the reactor cap broke the bolts and hinges and came out, in which the worker who brought the equipment to collect carbon got caught in the plate whose diameter is about 8.5 feet and weight is about 1 ton, due to which both the workers died and 02 workers who opened the nut got injured, who have been admitted to Divya Jyoti Hospital, Ganganagar, Meerut for treatment, after that they have been referred to Nutrima Hospital, Meerut after giving them first aid. Shri Bablu has been discharged due to recovery and Shanky is being treated.
3- As per the investigation report from Chief Fire Officer, Meerut, on 27.02.2024 at around 06.00 am, at M/s Durga Enterprises, Village Mussoorie, Mawana Road, Meerut, thermal decomposition of waste scrap tyres through pyrolysis process as usual produces products like carbon, wire, pyrolysis oil and pyro gas (H₂, H₂S, CO, CO2, CH₄, C2H4, C3, H, and other gases). The work of opening the bolts in the reactor camp to remove the product carbon and wire was being done by 02 workers 1 Shri Shanky 2- Shri Bablu on 27-02-2024. The equipment for collecting the product carbon collected from pyrolysis in the reactor in a sack was being brought by worker 1 Shankar Lal S/o Shri Vijay Pal 2- Praveen to connect it to the reactor camp. The bolts of the reactor camp were being opened without ensuring that the pyro gas in the reactor was completely exhausted. As soon as some bolts were opened, the pyro gas present in the reactor reacted with the oxygen present in the atmosphere (uncontrolled air intake) due to being in the flammable range. An explosive mixer was formed inside the reactor due to this reaction and an explosion occurred inside the reactor, due to which the reactor's cap came out breaking the bolts and hinges, due to which 02 workers 1- Shri Shankar Lal S/o Shri Vijay Pal age 32 years, 2- Shri Praveen S/o Shri Chatru age 22 years, residents of village Kishoripur police station Inchauli Meerut died on the spot and 03 workers 1-Dinesh Kumar S/o Gyan Singh age 35 27 years 2- Shri Sonpal S/o Shri Birbal age 45 years, 3- Shri Shanky S/o Sonpal age 20 years, residents of Kishoripur Police Station Inchauli Meerut were seriously injured and were admitted to the hospital for treatment. It is also mentioned that as the fire safety arrangements in the industrial building in question were not installed as per the standards and in working condition, notices have been issued by the Fire Officer, Police Line Meerut to the building owner on 16.08.2023, 09.01.2024 and 29.02.2024 under Section 29 (1) of the Uttar Pradesh Fire and Emergency Services Act, 2022 for installing and making the fire safety arrangements functional as per the rules, the proceedings of which are currently underway.
4- As per the investigation report from Deputy Commissioner of Industries, District Industry Promotion and Entrepreneurship Development Centre, Meerut, any person who hopes to establish a micro, small and medium enterprise can apply for online enterprise registration on the Udyam Registration Portal https://udyamregistration.gov.in operated by the Ministry of Micro, Small and Medium Enterprises, Government of India, on the basis of self-declaration, if Aadhar number and PAN card are available, there is no need to upload any documents, papers or certificates of any kind. The entrepreneur fills the details of the unit at the time of registration on the web portal https://udyamregistration.gov.in. Details of land use (residential / industrial / agricultural / etc.) are not asked at the time of online registration on the web portal. The Udyam Registration Certificate is issued by the portal immediately after registration. The process of Udyam Registration is completely free. There is no provision for self-inspection by the District Industries Centre under the Micro, Small and Medium Enterprises Act-2006. The District Industries Centre has no authority to issue/approve/cancel enterprise registration and to conduct physical on-site inspection on its own. The name of M/s Durga Enterprises Factory is not recorded in the list of registered industries available on the web portal operated by the Government of India, which makes it clear that the said unit has not done any kind of registration on the portal.
5- As per the investigation report from the Regional Office of Uttar Pradesh Pollution Control Board, Modipuram Meerut, the inspection was done on 27.02.2024 for investigation regarding the accident that happened on the same day and inspection was done again as per the order of the Hon'ble Minister on 28.02.2024. The report is as follows:-
1. Pyrolysis oil and carbon black are produced in the industry by using waste tyres and tubes as raw material. The industry has 02 reactors of 10 MT/sale capacity.
2. Waste wood/biomass is used as fuel in the reactor installed in the industry for initial heating. After this, pyro gas generated from the process is used as fuel. The excess amount of pyro gas generated is burnt through a pyro stack about 30 m high from the ground.28
3. Only one reactor is operated at a time in the industry. The air emissions generated from both the reactors are disposed of through a chimney about 30 m high from the ground. A wet scrubber is installed along with the chimney for air pollution control.
4. The industry collects the pyrolysis oil from the condenser in a closed basin and stores it in a tank through a closed circuit. There is no manual handling of the oil.
5. The industry has conditional water / air consent from the State Board to operate the industry, which is currently valid as per NAA.
6. The reactor installed in the industry did not explode in the accident that happened on 27.02.2024. The accident happened due to opening the gate of the reactor. It is possible that an accident can happen by opening the gate of a pressurized reactor without cooling down the hot reactor before the prescribed time.
7. 02 workers died in the accident on the spot and 03 injured workers were taken to the hospital.
8. The accident that occurred appears to be due to negligence. It is not visible that accidents occur due to air pollution and water pollution from industry.
In relation to the said investigation, vide office notice no. 768 dated 22nd July 2024 and letter no. 769/ST-Mawana/2024 dated 30th July 2024 was issued to Swami Durga Enterprises Factory Aluminium Mawana and he was required to appear in this office on 04-08-2024 at 10:00 am along with the records related to the case and NOC of all the departments, security arrangements, signage etc., in that sequence Mr. Deepak Jain Swami Durga Enterprises Factory Aluminium Mawana Hall resident Bawali Road Baraut District Baghpat appeared and the No Objection Certificate and other evidence / records received from various departments related to the factory were presented. Similarly, by issuing office notice no. 2085 dated 12th September 2024, 1. Shri Vijaypal (father of deceased Shankarlal), 2. Shri Chatru (father of deceased Praveen), 3. Shri Dinesh Kumar S/o Gyan Singh, 4. Shri Sohanpal S/o Birbal, 5. Shri Shanky S/o Sohanpal, all residents of village Kishoripur, police station Inchauli, tehsil Mawana, district Meerut (injured) were expected to appear on 17-09-2024 at 12:00 pm. On the scheduled date 17-09-2024, Shri Sohanpal S/o Birbal, age 46 years and Shri Dinesh S/o Shri Gyan Singh, age 38 years (both injured) appeared and Shri Shanky S/o Sohanpal was absent and Shri Chatru S/o Sadhuram (father of deceased Praveen) age 60 years and Smt. Lakshmi W/o late Shankarlal (wife of deceased Shankarlal) age 27 years appeared. After their respective verbal statements, they recorded their respective statements in which it is mentioned respectively that
1. Praveen, S/o Chatru, 2. Shankar, H/o Smt. Laxmi, worked in Durga Enterprises Alum Factory. They died due to boiler explosion in the 29 factory. The security system in the factory was not up to the standard, due to which the accident happened. At that time, the factory owner had given Rs. 5 lakh each in cash to both the parties in front of the police administration and also gave cheques of Rs. 10 lakh each which bounced. Rs. 10 lakh each has not been given and on the contrary, a case has been filed against us. We should be given Rs. 10 lakh each and strict action should be taken.
In the same sequence, the injured Sohanpal S/o Birbal, age 46 years and Shri Dinesh S/o Gyan Singh, age 38 years, informed that we used to work as boiler loaders in Durga Enterprises Alum Factory. On 27-02-2024, the boiler exploded there, in which we were seriously injured. We were first treated at Divya Jyoti Hospital, Ganganagar, after which we were admitted to Nutrima Hospital by the District Magistrate. The treatment continued there for 06 days, after which we came home and got ourselves treated. There was no equipment related to safety in the factory and there was no safety system as per the standard, this accident happened without safety. Similarly, the same statement was jointly made by the narrator Sohanpal S/o Birbal.
In connection to the matter in question, Shri Deepak Jain Swami Durga Enterprises appeared in the office on 19-09-2024 and presented his side in writing and presented the No Objection Certificate and other evidence issued by the concerned departments, in which it is mentioned that "The operator has the full responsibility to run the reactor safely and shut it down safely. Mr. Sohanpal and others were assistants of the operator. The operator and assistant have all the important technical information related to the operation of the plant. If there is any fault in the plant, the operator informs the plant operator, and it is the operator's responsibility to get it rectified, but neither the operator nor the assistant told us operators about any deficiency or fault in the reactor. On enquiring from the plant employees, it was found that the operator and assistant had opened the lid/gate of the reactor before time, which led to this accident. When I got the information about the incident, I immediately left for the plant from my residence in Baraut, which is approximately 80 km away, and instructed my accountant and the operator to arrange ambulances for all the injured and admit them to the hospital, so that the injured were treated and the payment was made. Upon reaching the plant, I came to know that two of the injured workers had died. There was a crowd of about 500 people in the plant, in which some anti-social elements were fighting with me and my brother and were trying to kill us, due to which we ran away from the plant and saved our lives in Inchauli police station. Even in Inchauli police station, some anti-social elements forcibly took Rs. 10 lakhs and cheques from us operators by pressurizing and threatening us and prepared an agreement and got it signed forcibly, while the officers present there said that all this is wrong, whatever compensation will be given will be given by ESIC and the officers refused to sign any agreement, but the anti-social elements started scuffling and abusing us operators.
30We gave another cheque of Rs. 10 lakhs under pressure to save our lives. The cheques bounced because there was no money in the plant's account. For this reason, a case has been filed against me, my brother and others to extort money, which is completely wrong. Therefore, you are requested to kindly give complete justice to all of us. Sir, we have been running our factory completely as per the standards after getting NOC from the Government of India."
The undersigned has observed/examined the reports of the concerned department and the statements recorded by the family members of two workers and two injured and Sohanpal, father of one injured Shenky, and the version presented by Shri Deepak Jain Swami Durga Enterprises Fitkari and other evidences/records issued by the concerned departments provided as evidence. On the basis of the above reports and records/evidence, the investigation report is as follows:-
M/s Durga Enterprises KH-757/1 & 762/2 Meerut Mawana Road is registered under the Factories Act from 03-05-2018 and carbon powder, steel wire, fuel oil are extracted in the factory by thermal disintegration of old tyres. 02 Pyrolysis Plant (M/C) is installed in the factory, which has a cylindrical size of about 25x9 feet. On Pyrolysis Machine No. 2, 02 workers 1-Mr. Shanky, 2-Mr. Bablu were bringing the equipment to collect the carbon produced by pyrolysis collected in the reactor in a sack to connect it to the reactor cap by the workers 1-Shankarlal S/o Vijaypal, Praveen S/o Chartu Singh. The bolts of the reactor cap were being opened without ensuring that the pyro gas in the reactor was completely exhausted. As soon as some bolts were opened, the pyro gas present in the reactor was in the flammable range and reacted with the oxygen present in the atmosphere (uncontrolled air intake). The limiting oxygen concentration of hydrogen and carbon monoxide at room temperature and pressure is 4%, due to which this reaction created an explosive mixer inside the reactor and an explosion occurred inside the reactor, due to which the reactor cap broke the bolts and hinges and came out, in which the worker who brought the equipment to collect carbon got caught in the plate whose diameter is about 8.5 feet and weight is about 1 ton, due to which both the workers, 1- Shankarlal S/o Vijaypal, 2- Praveen S/o Charat Singh died and 03 workers, 1- Dinesh Kumar S/o Gyan Singh age 35 years 2- Sohanpal S/o Shri Birbal age 45 years 3- Shanky S/o Sohanpal age 20 years, residents of Kishoripur police station Inchauli Meerut were seriously injured, who were admitted to Divya Jyoti Hospital, Ganganagar, Meerut for first aid, from where they were given first aid and referred to Nutrima Hospital, Meerut, where according to the injured, their treatment continued for 06 days. After that, they reached his home. The third injured person Shanky did not appear, but his father Sohanpal informed that Shanky is seriously injured and is unable to walk, due to which he could not appear. It is also noteworthy here that in relation to the case in question, the aggrieved party has invoked Section 156 (3) against the owner M/s Durga Enterprises, 31 Fitkari, Mawana Road, Mawana, in the form of Smt. Laxmi etc. versus Amit Jain etc., Criminal Miscellaneous Case No. 411 of 2024, Court of Additional Chief Judicial Magistrate, Court No. 04, Meerut.
Similarly, M/s Durga Enterprises, Fitkari, Mawana Road, Mawana has invoked Section 156 (3) in the case of Amit Kumar Jain vs. Smt. Laxmi etc., Criminal Miscellaneous Case No. 721/24, Court of Additional Chief Judicial Magistrate, Court No. 04, Meerut, which is currently pending.
-: Conclusion :-
After removing carbon powder from the 02 Pyrolysis Plant (M/C) installed in the factory, the workers were opening the bolts of the Flang (Lead) of the machine, during which, due to accumulation of flue gases in the Cylindrical Vessel, excessive pressure was generated and an explosion occurred inside the reactor. Prima facie, it has been confirmed that the accident occurred due to the above mentioned two workers coming in contact with it.
Rs. 5 lakh each in cash to the family members of the deceased has been given in the presence of police and administrative officials at Inchauli police station by Shri Deepak Jain and an agreement was also signed by giving cheques of Rs. 10 lakh each to the family members of the deceased and cheques totalling Rs. 15.50 lakh (fifteen lakh fifty thousand rupees) in the name of the injured. All the above mentioned cheques have bounced due to insufficient funds in the bank account, regarding which a case under Section 138 of the NI Act is pending in Additional Chief Judicial Magistrate Court No. 04. The statement given by Shri Deepak Jain that the cheques were taken from him by force and intimidation at the police station is not acceptable.
It is also worth mentioning here that the treatment of all the three injured has been done by Mr. Deepak Jain. During the treatment, an amount of Rs. 5,91,149/- has been spent, a copy of the hospital bills is enclosed. If the dependents of the deceased employee Shankarlal S/o Mr. Vijaypal and Praveen S/o Mr. Chatru want, they can present their claim before the court (Commissioner, The Employees Compensation Act, 1923) as per the rules in the light of the provisions of The Employees Compensation Act, 1923 and obtain relief money."
18. With regard to FIR dated 22.07.2024, it is said that Police has submitted a final Report No.77/24 in the Court of Additional Chief Judicial Magistrate 4, Meerut on 07.12.2024. It is also said that respondent 5 reported the incident resulting in death of Shankar Lal and Pravin Kumar before Employees State Insurance Corporation and Report 32 of the accident has been approved in both the cases and after investigation, it has been held that employment injury/death arose during such employment for which monthly pension has been approved.
Deputy Director Sub Regional Office, ESIC vide letter dated 17.09.2024 has informed Branch Manager, ESIC, Meerut that the cases have been approved as employment injuries to both diseased persons and further documents for verification are required from the eligible dependants.
19. Brief Written Submission dated 10.07.2025 has been filed by respondent 5 and we find it appropriate to reproduce the contents thereof from paras 2 to 11 as under:
"2. That the unit of Respondent No 5 is covered under ESI Act which like Workmen Compensation Act is a social security legislation for the welfare of workers but has a wider coverage as far as compensation is concerned as it also includes healthcare/maternity and sickness benefits other than the compensation for death/injuries.
3. That it is submitted that in the instant matter in hand, cases under Employee Compensation Acts have been decided by the Court of Commissioner, Employees Compensation Act, Meerut who after placing reliance on legal provision of specified bar on grant of compensation under the Act, as workmen are already insured persons under the ESI Act. Similar bar has been placed by virtue of Section 53 of ESI Act which bars compensation under any other act if the employees are covered under the ESI Act. In the same order it has been mentioned that the Compensation under ESI act has been approved and the applicants being survivors can receive compensation by submitting the necessary documents. Copies of orders dated 29/03/2025 is marked as an annexure and attached as ANNEXURE R-1 Colly.
4. That the Local Police has also filed the Final Report in the FIR No 1064/2024 and since there was no evidence what soever to prosecute the Respondent, FIR was closed. A Copy of the Final Report in FIR No 0164/2024 has been marked as an annexure and attached as ANNEXURER-2
5. That The applicant No 5 has filed an affidavit before the Competent Court under N.I Act, Merrut stating under oath that the fateful incident was result of opening the hatch of reactor without checking the temperature meter and 33 before scheduled time by two of the workers. Applicant No 5 has clearly stated that Since he and other workers were covered under the ESI Act, no further compensation from the Respondent was required to be paid. Applicant No 5 has also settled the matter with Respondent through another signed affidavit under oath. Copies of affidavits filed by Applicant No 5 are attached as an annexure and Marked as ANNEXURE R-3 Colly.
6. That it is submitted that the very purpose of bar placed under Section 17 of NGT Act 2010 was to avoid duplicity.
Employees are covered under ESI Act and to say that Employees are not covered under Workmen Compensation Act and hence Section 17 applies, will have a detrimental effect and will act as deterrent and Employers will opt of Workmen Compensation Act instead of ESI Act which has far greater coverage than the Workmen Compensation Act like healthcare/maternity and sickness benefits. Both Workmen Compensation Act and ESI Acts are for welfare of the workers and both have provisions for grant of compensation, so to exclude ESI Act form the Section 17 of NGT act will have far reaching consequences against benefits of the workers.
7. That it is submitted that the Section 33 of the NGT Act 2010 applies only when there is a violation of Environmental norms and until now there is no finding to this effect. It is clear that the unfortunate accident was not at all a result of any violation of environmental standards.
8. It is further submitted that the Applicants are covered under the ESI Act and it is up to the applicants to move appropriate application for insured sum and compensation. Since the Applicants are already availing legal services, there can not be any excuse for not moving an application under ESI Act for insurance money and for grant of compensation. Bypassing the social security legislation and forum of alternate remedy can not be a ground for parity sought in line with the Order dated 15/03/2023 passed in O.A No 150/2023.
9. That it is further submitted that since the unfortunate incidence took place within a covered area fitted with Pollution Control Equipment, there was no harm caused to the Environment in any manner whatsoever. There was no violation of environmental standards. This precludes the application of section 33 of the NGT Act in the instant matter in hand.
10. That the Respondent No 5 here in was operating a small recycling unit by following all the mandatory 34 requirements under different statutes and regulations and after obtaining Consent to Operate from the State Pollution Control Board among other licenses and approvals from other Govt Authorities and bodies.
11. That it is pertinent to mention that no authority has pointed out any violation of environmental standards and hence Section 33 of NGT Act is not applicable in the instant O.A in hand."
20. Raising a preliminary objection in respect of maintainability of this OA, Learned Counsel appearing for respondent 5 contended that Section 17 excludes the cases of compensation of workmen and in the present case, all the applicants are/were workers as defined under EC Act, 1923 and, therefore, the present OA for relief or compensation on account of the injury and consequences thereof sustained by the applicants is not maintainable.
21. During the course of the arguments, however, it is not disputed that no compensation has been paid to the applicants or their dependants under the provisions of EC Act, 1923. It is also stated at the Bar by Learned Counsel appearing for respondent 5 that the applications filed under EC Act, 1923 have been rejected by the Competent Authority in view of Section 53 of ESI Act, 1948 directing the aggrieved persons to avail the remedy under the provisions of ESI Act, 1948. It is in these circumstances, we have to examine whether the present OA for claiming compensation under the principle of "absolute liability" read with the provisions of Public Liability Insurance Act, 1991 (hereinafter referred to as 'PLI Act, 1991') is maintainable and will it be competent for Tribunal to pass any order granting relief with regard to the payment of compensation to the applicants.
3522. Under Section 15(1) of NGT Act, 2010, Tribunal has the power to grant compensation to the victims of pollution and other environmental damage arising under Scheduled Enactments.
23. In terms of Section 17, in a case where death or injury to any person (other than a workman) or damage to any property or environment results from an accident or the adverse impact of an activity or operation or process, under any scheduled enactment, person responsible is liable to pay such relief or compensation for death, injury or damage, under heads specified in Schedule II of NGT Act, 2010, as per the determination by the Tribunal. Section 17 of NGT Act, 2010 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 beat tribute 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."
24. The definition of "workman" under section 2(o) of NGT Act, 2010 is as follows:
"(o) "Workman" has the meaning assigned to it in the Workmen's Compensation Act, 1923 (8 of 1923).
25. The definition of "workman" (now changed to "Employee") under the Workmen's/Employees Compensation Act, 1923 is as follows:
36"Section 2(dd) "employees" means a person, who is-
(i)&(ii)...xxx.................................xxx......................................xxx
(iii) employed in any such capacity as is specified in Schedule II, whether the contract of employment was made before or after the passing of this Act and whether such contract is expressed or implied, oral or in writing; but does not include any person working in the capacity of a member of the Armed Forces of the Union; and any reference to any employee who has been injured shall, where the employee is dead, include a reference to his dependents or any them."
26. Schedule II of NGT Act, 2010 covers death, permanent, temporary, total or partial disability or other injury in addition to the other heads.
27. Considering a similar issue in OA No. 9/2021, In re: News item published in The Indian Express dated 07.01.2021 titled "Four workers dead due to toxic gas leak in Rourkela Steel Plant", Tribunal, in its order dated 11.02.2021, in para 14 observed as under:
"14. On due consideration, we are unable to accept the submission of learned ASG that bar of section 17 of the NGT Act is applicable. The deceased are not, even according to the RSP, covered by the definition of 'workmen' under the Workmen Compensation Act. RSP has not paid them on that basis. Applicability of ESI Act does not exclude the NGT Act as section 17 is not attracted to such a case. Moreover, unless expressly excluded, jurisdiction of this Tribunal for victims of violation of environmental norms stands. For this, section 33 of the NGT Act provides for overriding effect of the said Act. Thus, the RSP can be required to provide compensation to the heirs of the deceased under section 15 of the NGT Act. Liability to pay compensation for an entity engaged in hazardous activity is absolute as per law laid down in M.C. Mehta, (1987) 1 SCC 395. Minimum such liability is as per restitution principle, though deterrent compensation can be awarded, depending on a fact situation. In awarding such compensation, compensation paid under any other provision can certainly be excluded. Thus, in the present case, the heirs of the deceased will be entitled to compensation which we propose to determine minus the compensation, if any, which may have been paid under any other provision. Needless to say that victims of such accident are normally, as in the present case also, poorest of the poor.
Stand that death was by negligence of the victims is untenable and even if true, absolute liability is not excluded at least on 37 restitution basis. Prima facie, the stand of RSP is not acceptable in absence of showing compliance of statutory safeguards under the 1989 Rules framed under the EP Act, which can be enforced by this Tribunal. No details of mock drills have been filed nor onsite and offsite plans produced. We are not debarring the RSP from producing the same before the Committee which we are appointing. The fact remains that there is much to be desired in terms of statutory compliances."
28. The issue was again considered in OA No.150/2023, In re: news item in NDTV dated 28.02.2023 titled "2 Dead, 2 Injured in Explosion at Gujarat Pharma Company" and Tribunal in its order dated 15.03.2023 has observed, in para 5, as under:
"5. On the issue of bar under section 17 of the NGT Act for claims in respect of workmen, it was held that the said bar will apply only if the PP has paid such compensation under the Workmen Compensation Act or any other law and not otherwise, object of bar being to avoid duplication and if no compensation has been paid, NGT can award compensation atleast at floor level. Reference may only be made to latest order dated 28.2.2023 (sr. no.
29 in the foot note) as follows:
"15. In OA 09/2021, "In re: News item published in The Indian Express dated 07.01.2021 titled "Four workers dead due to toxic gas leak in Rourkela Steel Plant", vide order dated 11.02.2021, it was held that bar under section 17 of the NGT Act will not apply when compensation under Workmen Compensation has not been paid as is the situation herein. Observations from the said order are extracted below:
"On due consideration, we are unable to accept the submission of learned ASG that bar of section 17 NGT Act is applicable. The deceased are not, even according to the RSP, covered by the definition of 'workmen' under the Workmen Compensation Act. RSP has not paid them on that basis. Applicability of ESI Act does not exclude the NGT Act as section 17 is not attracted to such a case. Moreover, unless expressly excluded, jurisdiction of this Tribunal for victims of violation of environmental norms stands. For this, section 33 of the NGT Act provides for overriding effect of the said Act. Thus, the RSP can be required to provide compensation to the heirs of the deceased under section 15 of the NGT Act. Liability to pay compensation for an 38 entity engaged in hazardous activity is absolute as per law laid down in M.C. Mehta, (1987) 1 SCC 395.
Minimum such liability is as per restitution principle, though deterrent compensation can be awarded, depending on a fact situation. In awarding such compensation, compensation paid under any other provision can certainly be excluded. Thus, in the present case, the heirs of the deceased will be entitled to compensation which we propose to determine minus the compensation, if any, which may have been paid under any other provision. Needless to say that victims of such accident are normally, as in the present case also, poorest of the poor. Stand that death was by negligence of the victims is untenable and even if true, absolute liability is not excluded at least on restitution basis. Prima facie, the stand of RSP is not acceptable in absence of showing compliance of statutory safeguards under the 1989 Rules framed under the EP Act, which can be enforced by this Tribunal. No details of mock drills have ben filed nor onsite and offsite plans produced. We are not debarring the RSP from producing the same before the Committee which we are appointing. The fact remains that there is much to be desired in terms of statutory compliances."
29. Further in para 6, Tribunal has said as under:
"6. Thus, while if workmen are covered by the Workmen Compensation Act, 1923 and are paid compensation under the provisions of the said Act, there can be no claim under the NGT Act, where compensation under Workmen Compensation Act has not been paid by the PP, the said bar will not apply and NGT can direct payment of floor level compensation at the rate mentioned above, the PP has to be held liable to pay such compensation. The liability to pay compensation is over and above accountability under criminal law and statutory regulators have to ensure that safety protocols are duly observed in conducting such industrial activity which is hazardous and has potential for loss of human lives."
30. In OA No.110/2023, In re: News item published in Business Standard dated 09.02.2023 titled "Blast at JSPL's Raigarh plant 39 kills two workers, two others injured", Tribunal in its order dated 28.02.2023 in paras 10 and 11 said as under:
"10. In the present case, two workers died and two suffered burn injuries. Injured are not shown to have been paid any compensation and only defence is that they did not lose any organ. Heirs of the deceased are also not shown to have been paid compensation under the workmen compensation Act. They have been only paid pension under ESI Act apart from some meagre amount out of labour welfare fund or under insurance policy. Thus, they have certainly been denied fair treatment and justice. This Tribunal is a forum of limited jurisdiction but there is no bar from highlighting patent injustice to poor victims. As a responsible business entity, M/s JSPL is expected to show sensitiveness for loss of lives and injuries to persons on account of failure in following expected norms but unfortunately, they have chosen to raise technicalities and even two years after the incident, they have merely stated that they are willing to pay Rs. 3 lacs without undertaking to pay anything. Mere expression of willingness instead of doing duty is nothing. We cannot help recording our observation that the establishment has not shown concern expected from a responsible business entity. We hope Legal Service Authority will reach out to the victims for providing them access to justice.
11. As noted earlier, neither offences under IPC were added nor compensation under Workmen's Compensation Act, 1923 paid. It is well known that even victim of an accident gets compensation equal to loss of earning of the deceased as per norms laid down inter alia in Sarla Verma, (2009) 6 SCC 121, read with Pranay Sethi (2017) 16 SCC 680 and Uphaar Tragedy (2014) 14 SCC 481. Further, compliance of environmental safety norms is inherent obligation under the environment clearance as well as under consent mechanism under the Air and the Water Acts. This Tribunal has come across large number of cases of deaths and injuries on account of failure of establishments undertaking hazardous activities without following safety norms and victims are not getting justice. The statutory regulators fail to ensure compliance and also fail to make erring establishments duly accountable as appears to be the case here also."
31. The above authorities clearly shows that if compensation has not been paid to the workman under EC Act, 1923, then Tribunal under Section 17 of NGT Act, 2010 read with PLI Act, 1991 can consider and award compensation for the loss suffered by the workers during the course of the employment in an industrial unit. We accordingly do not 40 find any reason to non-suit the applicants on the ground as contended on behalf of respondent 5 and answer this issue against respondent 5.
32. The next question is whether respondent 5 is liable to pay compensation to the applicants and if so, what should be the quantum of compensation payable to the applicants.
33. It is not disputed that Supreme Court has settled law in M.C. Mehta vs. UOI & Ors., (1987) 1 SCC 395 and its follow up that liability of the person undertaking hazardous activities for commercial gains for any accident and loss is absolute.
34. In the present case, various Reports on record are unanimous in recording the finding that two persons have died and three suffered injuries on 27.02.2024 when they were working in the industrial unit of respondent 5 and went to open reactor. While the gate was being unbolted, Pyro gas in the reactor having not completely exhausted reacted with Oxygen present in the atmosphere, caused reaction by creating an explosive mixer inside the reactor, and, explosion occurred inside the reactor due to which the reactor cap broke the bolts and hinges and came out. Respondent 5 in its defense has stated that the applicants were working as assistant to the operator of reactor and proceeded to open the gate without ensuring the exertion of Pyro gas in the reactor and thereby caused injuries resulting in death of two workers and severe injuries to three workers. It is not the case of respondent 5 that the operator was also present and had given certain instruction which were not followed by the injured/deceased workers.
35. In the initial report of Assistant Director Factories and Labour Enforcement Officer, Meerut Division, it has been pointed out that there was no sensor installed to monitor the limit of flammable gas inside the 41 reactor after making inspection of the premises on 04.03.2024.
Compliance Report submitted by respondent 5 shows their admission that now they have ensured that reactors be cooled down completely before opening the reactors and they have decided to install sensors as advised by Assistant Director Factories and Labour Enforcement Officer, Meerut Division which shows that sensors were admittedly not installed when the accident took place.
36. In the circumstances, it cannot be doubted that the accident had occurred on account of lack of proper precautionary measures in the operation of the reactor in the industrial unit. In any case, the injuries and death have caused due to the accident which took place at the premises of the respondent 5 industrial unit on 27.02.2024, hence respondent 5 is liable to pay compensation to the persons who have suffered injuries and losses in the said accident by application of "absolute liability principle".
37. Now coming to the issue of quantum of compensation, we find that this Tribunal has dealt with several cases of death and injuries having nexus to hazardous business activities and held the business entities in question to compensate the victims on principle of restitution @ Rs. 20 lacs for each death and varying scale depending on extent of injuries. If such business activity fails to pay, the State has to pay for failure to ensure safety with liberty to recover from such entities. Citizens are entitled to safety from hazards of business activities having potential for such incidents. Tribunal has also directed safety mechanism to be reviewed and also requested the State Legal Services Authorities to provide legal aid in such cases.
4238. Vide order dated 28.03.2023 in OA No.204/2023, In re: News item published in Newspaper The Hindu dated 07.03.2023 titled "Three children die during illegal mining in West Bengal", Tribunal has considered the issue of compensation and observed as under:
"
3. Thus, it is clear from para 3 that deceased have been identified as Monu, aged 20, Somal and Rohit, aged 15 each and injured has been identified as Naresh Sahani. Mining activity was illegal and children were illegally engaged. There was failure on the part of the State to enforce applicable regulatory regime for the hazardous activity in question. Compensation of ₹2 Lakh each has been given to the heirs of the three deceased and ₹25,000/- for the injured by the State. No steps have been taken for recovery of compensation from the violator as per environmental law nor compensation paid to the victims is as per any reasonable basis. Even criminal case against the violator is not for theft of mined material nor for violation of environmental norms. Thus, the State cannot avoid responsibility for compensating the victims in view of negligence of its authorities in enforcing the rights of the victims by using its regulatory authority in controlling illegal hazardous activities.
4. The Tribunal has dealt with number of cases of deaths and injuries to victims by failure to follow environmental norms and enforce right to environment which is part of right to life, heirs of the deceased and the victims have been held entitled to compensation on the principle of absolute liability arising out of doing hazardous commercial activity. Though such liability basically is of violator of law, where law violator is not made to pay compensation, the State has also been held to be liable to pay compensation as per its duty as welfare State to protect the citizen and also for failure to take steps to protect the citizens against hazardous illegal activities to prevent which is duty of the State. The Tribunal has acted consistently with parens patriae duty of the State in terms of law laid down inter alia in MCD v. Uphaar Tragedy Victims Association, (2011) 14 SCC 481 and Vadodra Municipal Corporation v. Purshottam v. Murjani & Ors. (2014) 16 SCC 14. Some of the observations from Supreme Court judgements are:
"T.N. Centre for Public Interest Litigation v. State of T.N., (2017) 6 SCC 734 The State stands on the position of a loco parentis to the citizens and when there are so many deaths of farmers in the State of Tamil Nadu, it becomes obligatory on the part of the State to express concern and sensitiveness to do the needful and not allow the impecunious and poverty-stricken farmers to resign to their fate or leave the downtrodden and the poor to yield to the idea of fatalism. The concept is alien in the welfare State and the social justice which is required to be translated in a democratic body polity. As is manifest from the assertions and the grievances that have been agitated, deaths are due to famine backdrop and other natural causes and also due to immense 43 financial problem. The State, as the guardian, is required to see how to solve these problems or to meet the problems by taking curative measures treating it as a natural disaster. Silence is not the answer.
MCD v. Uphaar Tragedy Victims Assn., (2011) 14 SCC 481 The law is well settled that a constitutional court can award monetary compensation against the State and its officials for its failure to safeguard fundamental rights of citizens but there is no system or method to measure the damages caused in such situations Compensatory damages are intended to provide the claimant with a monetary amount necessary to recoup/replace what was lost, since damages in tort are generally awarded to place the claimants in the position he would have been in, had the tort not taken place; which are generally quantified under the heads of general damages and special damages. Punitive damages are intended to reform or to deter the wrongdoer from indulging in conduct similar to that which formed the basis for the claim. Punitive damages are not intended to compensate the claimant which he can claim in an ordinary private law claim in tort. Punitive damages are awarded by the constitutional court when the wrongdoer's conduct was egregiously deceitful."
5. We may also refer to some earlier orders of the Tribunal dealing with industrial and other accidents on account of violation of environmental norms in the State of West Bengal1, where the Tribunal awarded compensation to the victims. Some extract from order dated 18.12.2020 in O.A. No. 272/2020, News item published in the "Times of India" dated 20.11.2020 entitled "Six killed as blast tears through Malda Plastic recycling factory" is reproduced below:-
"xxx.........................................xxx.................................xxx
6. The Tribunal dealt with the issue by requiring payment of compensation to the victims, restoration of environment and adopting suitable safety measures to avoid such recurrence in the light of Expert Committee reports. In the present case, the State PCB has acknowledged that the activity was illegal and the unit has now been found to be demolished. This cannot be sufficient step for enforcement of law and for remedy to the victims. The Tribunal fixed minimum interim compensation in such cases at Rs. 15 Lakhs in case of death, Rs. 5 Lakhs in case of serious injury and Rs. 2.5 Lakhs for simple injuries as follows2:
"6. ... we assess interim compensation for death to be 15 lacs each (taking into account multiplier of around 16 and loss of earning of about one lac a year, taking the minimum wage, apart from conventional sums), for grievous injury Rs.1
1. 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.
2. 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.
2 Order dated 08.06.2020 in O.A. No. 22/2020 (WZ), Aryavart Foundation through its President v. Yashyashvi Rasayan Pvt. Ltd. and Anr.44
5 lac per person, for other injuries of persons hospitalized Rs. 2.5 lac per person and for displacement at Rs. 25000/- per person."
7. The State is under obligation to secure atleast this amount of compensation to the victims and if it is not able to do so, the State must pay this much amount of compensation out of its own funds, with liberty to recover the same from the persons responsible for the situation.
8. Accordingly, we direct the District Magistrate, Malda to give compensation in above terms to the victims within three months out of the State funds, excluding the amount already paid. It will be open to the District Magistrate to recover the amount from the concerned violators by taking coercive measures, as per law. The victims will be at liberty to seek any other relief in appropriate proceedings. This direction is without prejudice to the criminal liability of the management and the operators of such activities."
6. In the present case, death of the children is patently due to violation of established norms. The State Authorities failed to enforce the law and prevent the incident. Apart from illegal engagement of children, the mining in the river bank is not shown to be by any Authority of Law, such as, mining lease, replenishment study, DSR and Environment Clearance. No safeguards have been used in the process. Thus, the State cannot escape liability for violation of environmental norms. While primary liability is of the persons engaged in illegal mining on 'Absolute Principle' laid down in M.C. Mehta vs. Union of India & Ors., (1987) 1 SCC 395, when the violators have not been made to pay, it is the liability of the State to pay the compensation and recover the same from the violators. Liability for compensation is in addition to liability under the Criminal Law.
7. Further, vide order dated 11.06.2021 passed in O.A. No. 44/2021 titled as 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"
the Tribunal held:-
"xxx ......................................xxx......................................xxx
9. ...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."45
8. The Tribunal had dealt with series of industrial and accidental matters directing environmental compensation for deceased and injured in recent past3.
9. In view of above, we direct the District Magistrate, Siliguri/Darjeeling to ensure payment of compensation @ ₹20 Lakh 3 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.
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 46 each to the heirs of the deceased and ₹5 Lakh to the injured, after deducting the amount already paid. The payment may be made within one month and make the violators accountable under Environmental Law be taken simultaneously at the earliest.
10. The State PCB may exercise its regulatory authority under the environmental laws - the Water (Prevention and Control of Pollution) Act 1974, the Air (Prevention and Control of Pollution) Act 1981, the Environment (Protection) Act and Rules 1986, in coordination with any other concerned authority."
39. In the present case, we also find that in the presence of administrative officials, respondent 5 entered into a settlement with the applicants, and agreed to pay Rs.15 lakhs to the dependants of each deceased and Rs.5 lakhs to each injured person. It is a different thing that in respect to actual payment, cash payment of Rs.5 lakhs to dependants of 02 deceased could only be materialised and for remaining amount, the cheques issued by respondent 5 were dishonoured which shows at least admission of liability on the part of respondent 5 in respect of entitlement of compensation of the applicants.
40. In view of the discussion made above, we find it appropriate to award compensation of Rs.20 lakhs each to the applicants-1 and 2 i.e., the dependants of deceased Shankar Lal and Pravin Kumar and Rs.5 lakhs each to the applicants- 3, 4 and 5. The above payment shall be made by respondent 5 within one month to applicants. Payment already made to applicants-1 and 2 shall be adjusted from the amount of compensation awarded under this order.
41. We direct District Magistrate, Meerut to ensure payment of compensation to applicants as directed above. In case of any default, District Magistrate, Meerut shall recover the same from respondent 5 in accordance with law and pay to the applicants.
4742. With the above directions, this OA is disposed of.
43. Copy of this judgment be forwarded to Chief Secretary, State of Uttar Pradesh; District Magistrate, Meerut; and UPPCB for information and compliance.
PRAKASH SHRIVASTAVA, CHAIRPERSON SUDHIR AGARWAL, JUDICIAL MEMBER DR. A. SENTHIL VEL, EXPERT MEMBER DR. AFROZ AHMAD EXPERT MEMBER August 06, 2025 Original Application No.612/2024 R 48