Pinnacle Court keeps out NGT order on firecracker factory blast in Tamil Nadu
The Top Court today keeps out a National Green Tribunal (NGT) order directing compensation of Rs 20 lakh to the heirs of the victims of a firecracker factory blast in Tamil Nadu's Virudhunagar district last year in which 19 workers were killed.
A bench of justices A M Khanwilkar and Dinesh Maheshwari noted that the NGT proceeded ex-parte and directed the tribunal to reconsider the case afresh.
In the impugned order, NGT had directed the State of Tamil Nadu through DM, Virudhunagar to pay compensation of Rs 20 lakhs to the deceased victims, Rs 15 lakhs to persons who have burned in excess of 50%, Rs 10 lakhs for the ones having burns from 25 to 50% and Rs 5 lakh to persons having injuries between 5 to 25%.
Directions were also issued to the State to pay compensation of Rs 2 lakhs to the victims treated as outpatients and who had but minor degree of burns or other forms of simple injuries.
"Accordingly, in the interest of justice, we deem it appropriate to set aside the impugned judgment and order and relegate the parties before the National Green Tribunal for reconsideration of the entire matter afresh after giving an opportunity to the parties concerned, including the appellants, and to pass appropriate orders in accordance with the law," the bench in order said.
The parties appearing through counsel before the apex court were asked to appear before the tribunal on February 14, 2022, and the NGT was directed to proceed with the matter on that day or assign a suitable date for hearing, as may be convenient to it.
One of the questions raised in the civil appeal was with regards to the jurisdiction of NGT to initiate suo moto proceedings.
The bench on this aspect noted that in the impugned judgment the matter proceeded ex parte since in spite of notice, the authorities and concerned parties did not enter appearance.
The bench referred to its judgement in "Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors. which held that even if NGT were to initiate suo moto action, it must put every person likely to be affected by its decision to notice and give an opportunity of hearing before passing final orders. In this backdrop, the bench in the interest of justice set aside the impugned judgement and relegated the parties before the NGT.
It had directed the State Legal Services Authority to provide legal aid to ensure that payment is made to genuine heirs of the deceased and to the injured without undue hassle.
The NGT had formed a committee headed by a former high court judge and directed it to submit a report on the firecracker factory blast in Tamil Nadu's Virudhunagar district.
The explosion occurred on February 12, 2021 when some chemicals were being mixed to produce fireworks at the unit in Achankulam village.
"The primary question raised in the appeals about the jurisdiction of the National Green Tribunal to initiate suo motu proceedings stands concluded in terms of the decision of this Court in "Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors." reported in 2021 SCC Online SC 897.
As has been mentioned in the said judgment, the Tribunal, even if were to initiate suo motu action, must put every person likely to be affected by its decision, to notice and give the opportunity of hearing before passing final orders
The parties appearing through counsel before the apex court were asked to appear before the tribunal on February 14, 2022, and the NGT was directed to proceed with the matter on that day or assign a suitable date for hearing, as may be convenient to it.
