On Monday, NGT took cognizance of the massive blast which took place in the chemical factory named Yashyashvi Rasayan Pvt. Ltd. on account of a fire in the tank of the factory manufacturing chemicals including Methanol and Xylene mentioned in Manufacture, Storage and Import of Hazardous Chemical Rules, 1989.
Due to the accident 8 workers were killed and 50 injured out of which some bodies of the workers were charred beyond recognition. About 4,800 inhabitants have been shifted to a safer place.
Thus, the hon'ble tribunal observed that “liability of the Company is strict and absolute for the damage caused to human lives, human health, property and the environment in violation of the environmental norm particularly the above-mentioned rules of 1989 and Chemical Accidents (Emergency, Planning, Preparedness and Response) Rules, 1996 and the circular issued by CPCB. Dependents/heirs of the deceased as well as the injured persons, the persons displaced on account of the incident have to be duly compensated. The company has also to bear the cost of restoration of the environment.”
Reliance, in this case, was placed on Aryavart Foundation Vs M/s Vapi Green Enviro Ltd. & Ors and Vizag tragedy.
The Honb’le Ngt has directed for an 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. 5 lac per person, for other injuries of persons, hospitalized Rs. 2.5 lac per person and for displacement at Rs. 25000/- per person.
The company may make an interim deposit of Rs. 25 Crores excluding the deposit/payment already made in pursuance of the order of the GPCB or otherwise or under the Workmen’s Compensation Act, 1923 or any other statutory provisions or ex gratia in relation to the present incident. Disbursement may be made by preparing an appropriate plan by the District Magistrate in consultation with the District Legal Service Authority, Bharuch to be overseen by the Member Secretary, State Legal Service Authority. The amount may be deposited within 10 days from today. Disbursement may be made within one month thereafter.
The tribunal also ordered a 6-member Committee. The Committee may visit and inspect the site within 7 days and give its report within one month The Committee may specifically report: i. The sequence of events; ii. Causes of failure and persons and authorities responsible thereof; iii. The extent of damage to life, human and non-human; public health; and the environment – including, water, soil, air; iv. Steps to be taken for compensation of victims and restitution of the damaged property and environment, and the cost involved; v. Remedial measures to prevent recurrence; vi. Any other incidental or allied issues found relevant. CPCB will be the nodal agency for coordination.
"The amount may be disbursed by the District Magistrate by making disbursement plan. Disbursement plan may consider safeguards to ensure that amount reaches the beneficiaries and is not misappropriated by any intermediary," the bench said.
The Committee may as far as possible make final quantification of compensation and also prepare a restoration plan in association with the District Magistrate, 20 Bharuch. For the restoration plan, the nodal agency will be the representative of MoEF&CC. The Chief Secretary, Gujarat may identify and take appropriate action against persons responsible for the failure of law in permitting the Company to operate without statutory clearances within two months and give a report to this Tribunal. g) In view of the stand of the State PCB that the order of closure has been passed, before recommencing any operations, the Company may bring it to the notice of this Tribunal, so that it can be ensured that there is no violation of statutory provisions and safety measures.
Since this tragedy follows so close on the heels of a similar one (in Vizag), it may be necessary to ensure that risk studies are duly undertaken by all industries in the country dealing with the hazardous chemicals and their on-site and off-site plans are operational and mock drills are carried out for testing the same.
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