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Dipak Misra, J.

The 10th of April, 2006, the last day of the India Brand Consumer Show organized by Mrinal Events and Expositions at Victoria Park, Meerut, witnessed the dawn of the day with hope, aspiration, pleasure and festivity at the Victoria Park, Meerut, but, as ill-fortune (man made) would have it, as the evening set in, it became the mute spectator to a devastating fire inside the covered premises of the brand show area which extinguished the life spark of sixty-four persons and left more than hundreds as injured; and with the clock ticking, the day turned to be a silent observer of profused flow of human tears, listener of writhing pain and cry, and eventually, marking itself as a dark day of disaster in human history. Some, who were fortunate to escape death, sustained serious injuries, and some minor injuries. The cruelest day of April converted the last day of the festival of Consumer Show to that of a horrifying tragedy for the families of the persons who were charred to death, the victims who despite sustaining serious injuries did not fall prey to the claw of fatality, and the others, slightly fortunate, who had got away with minor injuries bearing the mental trauma. The dance of death, as it appears, reigned supreme and the cruel demon of injury caused serious injuries as well as minor injuries. The assembly of pleasure paled into total despair and before the people could understand the gravity of the tragedy, it was over, leaving the legal representatives who have lost their parents, or the parents who have forever been deprived of seeing their children, or the wives who had become widows within fraction of a minute, blaming and cursing the officials of the State Government. The contemporaneous history records it as “Great Meerut Fire Tragedy.

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“Sh. Lakhan Tomar, (in Jail), Organizer, Consumer Show, Victoria Park, Meerut, Via Superintendent, District Jail, Meerut, Meerut On 10th of April, a sad incident of massive fire occurred in the 3 Pandals of Brand Consumer Show at Victoria Park, Civil Lines area of police station, District Meerut. In order to ascertain the reasons, circumstances and fixing of responsibilities, the Government of Uttar Pradesh issued notification bearing No. 2155p/Chh.p-3-2006-12(51)p/2006 dated 2 June, 2006 appointing a one member Enquiry Commission under the Commission of Inquiry Act 1952 (Government Order no. 60 of 1952) and the said Commission is in progress. The Commission is enquiring into the following issues:

Mr. Gaurav Bhatia, learned Additional Advocate General appearing for the Sate, submitted that the liability that would be eventually determined, has to be apportioned between the State and the organizers and the same has to be done on percentage basis, that is to say, the liability of the organizers should be 85% and that of the State should be 15% and said proportionality should be followed at this stage also.

Mr. Shanti Bhushan, learned senior counsel, would submit that the liability cannot be fastened on the organizers under Article 32 of the Constitution as the grievance is not tenable against the private persons and, in any case, the organizers cannot vicariously be held liable for the act of the contractors. We have noted these submissions but we are not intending to address these aspects in praesenti. Be it stated, with regard to the precise exact quantum, liability of the organizers, liability of the contractors and, if found liable by this Court, would depend upon the eventual verdict, regard being had to the report of the Commission. As stated hereinbefore, we have to see whether the State and its authorities prima facie are responsible to make them liable to pay the compensation. The issue of apportionment would come afterwards. As we find from the material on record, pursuant to the letter of request issued by the organizers, the Additional District Magistrate obtained a report from the Superintendent of Police, Meerut and expressed the view that there was no objection if the programme was organized from 6.4.2006 to 10.4.2006. It has also come on record that after obtaining permission from the Additional District Magistrate the organizers requested the Principal, Government Inter College, Meerut, requesting for providing of the GIC Play Ground and toilet facilities for hosting of the build-in-style exhibition on the said dates. The relevant part of the said letter reads as follows: -

“It is not possible for this Court to apportion the liability of compensation between the appellants and Respondent 8, particularly in the absence of the material evidence on record either before the Inquiry Commission or before the High Court and particularly having regard to the fact that what is stated that economic capacity of the partners of Rajiv Marriage Palace. In the absence of such findings it is not proper for this Court to frustrate the judgment of the High Court which is based on the Commission of Inquiry report submitted by a retired Judge of the Allahabad High Court and further on behalf of Respondent 8 it is stated that out of six family members, two persons, namely, Kewal Krishan and Chander Bhan died on account of the burn injuries in the said function and further the land where Rajiv Marriage Palace was built up has been taken over by the district authorities and the same has been converted into “Shahid Smarak Park” and what is the other properties left out of the partners of Rajiv Marriage Palace and the evidence is not forthcoming in this Court or before the High Court or in these proceedings. In this way, in the absence of the same it is not possible for this Court to apportion the liability of compensation and confine the same upon the appellants and Respondent 8 out of 55% of the liability of compensation confined and holding both the appellants and Respondent 8 responsible jointly and severally.” We have referred to aforesaid authorities as Mr. Bhatia has impressed upon us for apportionment at this stage. The principle of apportionment can be thought of only after the Commission’s report is received, but, a pregnant one, the victims and the families cannot be left on the lurch. As we find, there has been statutory violations and negligence on the part of the authorities in not taking due care while granting permission and during the exhibition was in progress, we intend to direct payment of compensation, by way of interim measure, by the State. Regard being had to the facts and circumstances of the case and taking note of the fact that some amount has already been given, we direct, as an interim measure, that the legal representatives of the deceased shall be paid Rs.5 lakhs more and the seriously injured persons would be paid a further sum of Rs.2 lakhs each and the persons who have suffered minor injuries would be paid an additional sum of Rs.75,000/-. The said amount shall be deposited before the District Judge, Meerut within two months hence. The learned District Judge may nominate an Additional District Judge, who, on making summary enquiry, shall pay the amount to the legal representatives and the victims. Be it noted, as asseverated by the State, the legal representatives of the deceased have been paid certain ex gratia amount and the injured persons have been paid certain amount ex gratia, their identity is known and, therefore, the Additional District Judge shall conduct a summery enquiry only for proper identification and disburse the amount. The Collector, Meerut shall produce all the documents for facilitating the summary enquiry at the earliest so that the victims should not suffer and for the said purpose we grant four weeks’ time to the Collector, Meerut. The disbursement shall be made within one month from the date of deposit.