NE LEGAL BUREAU
NEW DELHI, JUNE 22
The National Green Tribunal has directed six accused to pay penalty of Rs 1.25 crore in connection with a gelatin explosion at a quarry site in Chikkaballapur in Karnataka that left six people dead, saying a person undertaking hazardous activities for commercial gains is laible for any accident.
A bench headed by NGT Chairperson Justice Adarsh Kumar Goel warned that in case of failure, Karnataka government will have to recover the amount from the violators.
“It is established law that liability of the person undertaking hazardous activities for commercial gains for any accident and loss is absolute,” the tribunal said.
Perusing a report filed by a committee formed by it, the NGT said it is clear that six persons have died and one injured on account of the blast due to unscientific handling of the explosive in violation of law.
“We also find that scale of compensation based on restitution principle needs to be awarded. Procedure of this Tribunal is summary and akin to public law remedy. Compensation can be assessed on reasonable basis guided by restitution principle at least at floor level, leaving other remedies of the victims open”, it said.
“We hold that if the compensation assessed is not paid by the violators within one month, the same has to be paid by the State of Karnataka through the District Magistrate with right to recover the same from the violators. Compliance will be responsibility of the Chief Secretary.
“Payment be ensured within one month from today. We request the Karnataka State Legal Services Authority to provide legal aid to ensure that payment is made to genuine heirs of the deceased,” the bench said.
The NGT noted that the Committee has recommended measures for avoiding such occurrences in future mainly by strict enforcement of the Explosive Rules.
“We accept the recommendations of the Committee and direct that necessary steps to be taken by the Chief Controller of Explosives, Ministry of Commerce and Industry, Nagpur and Director Mines, Karnataka to take further follow up action.
“They may also coordinate with other concerned authorities, including the District Magistrate and the police authorities in respect of action under the criminal law,” the bench said.
Mechanism may be evolved to provide information to all concerned about the mine operators procuring explosives, the area where they will use store and handle and safety aspects which are to be followed, the tribunal said.
“Substance of relevant part of this order and other regulatory measures be duly published in vernacular for information of the inhabitants and for better compliance.
“For this purpose, we direct the Chief Secretary, Karnataka to monitor remedial action in terms of the above order in coordination with other concerned Authorities, including the District Magistrate, Chikkaballapur and Director of Mines,” the bench said.
The Chief Secretary may oversee taking of safety measures in the light of the report to prevent such occurrences not only at the place of occurrence but also any other location of the State where there is possibility of such occurrences, the NGT said.
It directed the Chief Secretary to send a status of compliance report within three months by e-mail.
The NGT had earlier formed a six-member committee and directed it to submit a report in connection with a gelatin explosion at a quarry site in Chikkaballapur in Karnataka that left six people dead.
It had taken note of a media report and issued notices to the Central Pollution Control Board, state pollution control board, Director Mines Karnataka and the District Magistrate Chikkaballapur.
“We constitute a six-member joint committee comprising the CPCB, State PCB, District Magistrate, Chikkaballapur, nominee of Director General, Mines, Chief Controller of Explosives, Ministry of Commerce and Industry, Nagpur, and the Director, Mines, Karnataka to give a report to this tribunal,” the bench had said.
The tribunal took cognisance of media report dated February 23, 2021 which reported that six people were killed in quarry blast in Hirenagavalli, Chikkaballapur on February 22.
The blast occurred in a stone quarry unit situated in Hirenagavalli village.
According to the preliminary information shared by the police, the quarrying work was stopped at the site on February 7 after local residents complained of rampant use of gelatin sticks.
The work continued despite the ban, and another raid was conducted by the police, during which the contractor was warned not to use gelatin. The explosives went off when the men were trying to dispose them off, the NGT noted.
