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Dahej Chemical Factory Blast: NGT directed to pay 25 crore penalty
National Green Tribunal on 8th June 2020 took cognizance of the massive blast that took place in the premises of chemical factory named Yashyashvi Rasayan Pvt. Ltd. due to the fire which broke out in one of the tanks of the factory manufacturing chemicals including hazardous chemicals like Methanol and Xylene which are even mentioned in Manufacture, Storage and Import of Hazardous Chemical Rules, 1989. As a result of the mishap, around 8 workers were killed and 50 were injured whereas bodies of some the workers were charred beyond to be recognized. Also, about 4800 inhabitants were shifted to a safer place.
Therefore, the honorable Tribunal in its decision in case Aryavart Foundation through its President v. Yashyashvi Rasayan Pvt. Ltd. & Anr. highlighted that the liability of the company is strict as well as absolute for the immense damage and havoc created by it costing human lives, their health, property, environment, etc. This also leads to the blatant violation of environmental norms and rules of 1989 and Chemical Accidents (Emergency, Planning, Preparedness, and Response) Rules, 1996, and the circular issued by the Central Pollution Control Board. The dependents and heirs of the deceased, injured and displaced workers on the happening of such haphazard shall be compensated adequately. The company shall also have the liability to bear the cost to restore the environment. The court heavily relied on various judgments while giving the pronouncement like Aryavart Foundation v. M/s Vapi Green Enviro Ltd. & Ors. and the recent draconian Vizag leak tragedy.
The honorable National Green Tribunal passed an order for interim compensation of Rs. 15 lakhs for the death of each of the workers and loss of earning of around 1 lakh per year, considering the minimum wage taken separately from conventional sums. The court also directed to provide Rs. 5 lakhs per worker in case of grievous injury and Rs. 2.5 lakh per worker for other injuries and hospitalization charges and Rs. 25000 to every displaced worker. The company also has to deposit Rs. 25 crores excluding the above payments in pursuance of orders of Gujarat Pollution Control Board or otherwise under the provisions of Workmen’s Compensation Act, 1923, or any other statutory requirements or ex gratia with reference to the present incident.
