The Supreme Court has overturned an NGT order mandating Rs 20 lakh compensation to victims’ families from a Bhagalpur firecracker explosion, citing lack of due process and ordering a fresh hearing.
New Delhi: The Supreme Court on Wednesday overturned a National Green Tribunal (NGT) order that had directed the Bhagalpur district magistrate to pay Rs 20 lakh compensation to the families of those who died in a firecracker unit blast in Bihar’s Bhagalpur district.
A bench comprising Justices Abhay Oka and N Kotiswar Singh ruled that the NGT’s decision was flawed as it was taken without issuing a notice to the alleged violators or seeking a response from the families of the deceased and injured. The matter has now been sent back to the NGT for fresh consideration on March 28.
The Supreme Court directed the tribunal to issue a notice to the Bhagalpur district magistrate and obtain the addresses of the victims’ kin before making any compensation decisions.
The NGT had taken suo motu cognizance of a media report on the tragic incident that led to 15 deaths and several injuries. The tribunal noted that the firecracker unit was operating in violation of environmental laws, specifically the Manufacture, Storage and Import of Hazardous Chemicals Rules, 1989, and the Explosive Rules.
“Even though the data about age and income of the deceased is not mentioned, applying the floor level compensation scale, we determine compensation payable to the next of kin of the deceased @ Rs 20 lakh for each death and Rs 15 lakh with respect to each of the injured,”
the NGT had stated in its May 27, 2022 order.
The Supreme Court criticized the NGT’s approach, emphasizing the lack of due process in ordering compensation without notifying the parties involved.
The compensation, as per the NGT order, was to be paid by the state official within a month to the heirs of the deceased and the injured who were identified. However, the Supreme Court’s ruling now mandates a fresh hearing where all affected parties will be given an opportunity to respond.
The tribunal had also stated that the state government could recover the compensation from the violators after following due legal procedures. However, with the Supreme Court’s intervention, the compensation order is now subject to a fresh review.
The case will be reheard by the NGT on March 28, with the district magistrate and victims’ families expected to be involved in the proceedings. The Supreme Court’s decision ensures that compensation is awarded only after proper legal scrutiny and due process.
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