The National Green Tribunal (NGT) directed the District Collector, Ernakulam and other concerned authorities to ensure payment of compensation expeditiously to the family members of the deceased victims of a blast took place in a temporary firecracker storage unit at Choorakkadu set up in connection with the festival at Puthiyakavu Temple at Thrippunithura in Ernakulam District in Kerala on 12.02.2024.
The Principal Bench of Justice Prakash Shrivastava , Justice Arun Kumar Tyagi and Dr. A Senthil Vel disposed of a Petition registered suo-moto on the basis of the news item appearing in the daily newspaper dated 12.02.2024.
In that incident, though as per the news item, one person had died but as per the report, two persons had died and several others were injured.
The news item raises substantial issue relating to compliance of environmental norms.
“Power of the Tribunal to take up the matter in suo-motu exercise of power has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.”
On the basis of advance notice, Additional District Magistrate for District Collector, Ernakulam has filed the report disclosing that the firecrackers were bought in a vehicle for fireworks display in connection with Puthiyakuvu Devi Temple festival where the explosion took place. As per the report, firecracker carrying vehicle and the house where they were stored, were entirely destroyed and the site assessment revealed that vehicles in the nearby houses and surrounding had also sustained damages.
The magisterial inquiry has been directed and as per the report of ADM, temple authorities had not submitted any application for permission to display fireworks in connection with the 2024 festival and the Office of ADM had not issued any license to store any explosives or permission to display fireworks in connection with the festival.
The Bench noted that the report by ADM does not disclose any action by authorities for payment of compensation to the family members of the victims who have lost their lives and those who have suffered injuries in that incident. The Tribunal by order dated 16.01.2023 in the matter of K. Saravanan vs. State of Tamilnadu, had directed that compensation be enhanced to ₹20,00,000/- in respect of each death and ₹10,00,000/- each to the injured. The authorities are required to pay compensation to the victims in accordance with law and keeping in view the earlier orders of the Tribunal.
The Counsel for District Collector had submitted that the authorities though will pay compensation but they are entitled to recover the same from the Temple Authorities in accordance with law.
“Hence, we require the District Collector, Ernakulam and other concerned authorities to ensure payment of compensation expeditiously to the family members of the deceased victims as also injured as per norms in accordance with law preferably within a period of eight weeks from today. District Collector, Ernakulam will submit the action taken report before the Registrar of Southern Zonal Bench of the Tribunal within three months. If found necessary, the matter will be listed before the Southern Zonal Bench. Office is directed to transfer the original record of the OA to Southern Zonal Bench”, the order reads.