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Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition

NA

Attorney(S)
  • Ms. Medha Roopam, District Magistrate, Hapur, ;
  • Mr. Raj Kumar, Advocate for CPCB Mr. Pradeep Misra, Advocate, for the UPPCB.
Judges
  • Adarsh Kumar Goel
  • Chairperson
  • Sudhir Agarwal, Member (Judicial)
  • A. Senthil Vel, Expert Member
Acts
  • FACTORIES ACT 1948
  • Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974
  • Workmen's Compensation Act, 1923
  • Worksmen's Compensation Act, 1923
  • sections 286, 287, 304, 308, 337 and 338 of Penal Code, 1860
  • Compensation Act, 1923.
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Disposition

NA

Attorney(S)
  • Ms. Medha Roopam, District Magistrate, Hapur, ;
  • Mr. Raj Kumar, Advocate for CPCB Mr. Pradeep Misra, Advocate, for the UPPCB.
Judges
  • Adarsh Kumar Goel
  • Chairperson
  • Sudhir Agarwal, Member (Judicial)
  • A. Senthil Vel, Expert Member
Acts
  • FACTORIES ACT 1948
  • Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974
  • Workmen's Compensation Act, 1923
  • Worksmen's Compensation Act, 1923
  • sections 286, 287, 304, 308, 337 and 338 of Penal Code, 1860
  • Compensation Act, 1923.
See more information ...
Smart Summary

Tribunal Opinion — Summary (based exclusively on provided text)

Factual and Procedural Background

This matter was taken up suo motu by the Tribunal on the basis of a media report concerning a fire at Ruhi Industries, Hapur, Uttar Pradesh. The incident occurred on 04.06.2022 at approximately 2:30 PM and was initially reported to have caused 12 deaths and 13 injuries; subsequent reports increased the death toll to 17 and injuries to multiple persons.

The Registry issued advance notice on 06.06.2022. In response, reports were filed by the Director of Industries, Uttar Pradesh; the Central Pollution Control Board (CPCB); and the State Pollution Control Board (State PCB). The District Magistrate (DM), Hapur, attended in person. Notice was served on Ruhi Industries (the allottee / project proponent), but no one appeared for the unit.

The Tribunal perused the reports (including a CPCB report dated 11.07.2022 and a Director of Industries report dated 07.07.2022) and interacted with the District Magistrate, Hapur. The reports record that the plot had been allotted to M/s Ruhi Industries by UPSIDC but was let out to a third person, operated without requisite permissions and consents, engaged workers without complying with the Factories Act, and involved hazardous activity (manual filling of pellets with explosives). Actions taken by authorities included show-cause notices for environmental compensation, labour-department notices assessing compensation under the Workmen's Compensation Act, cancellation of plot allotment by UPSIDA, and registration of an FIR under various provisions of the Penal Code, 1860.

The Tribunal directed further administrative and remedial steps (including formation of a joint committee of senior State and district officials to review vigilance and remedial measures). The application was disposed of and the order was to be forwarded to specified State authorities for compliance.

Legal Issues Presented

The opinion does not frame distinct, enumerated legal issues for adjudication in the manner of a contested appeal or petition. It is primarily a suo motu statutory/regulatory intervention and a directive order arising from investigative reports.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

The Tribunal listed numerous earlier Tribunal matters and one Supreme Court judgment to illustrate a pattern of industrial accidents and prior remedial orders. Each entry below is taken from the opinion text (case/news title, OA number where provided, and date of Tribunal decision where provided).

Precedent Rule or Principle Cited For (as stated or implied in the opinion) Application by the Court (how the opinion used/cited it)
In re: Gas Leak at LG Polymers Chemical Plant in RR Venkatapuram Village Visakhapatnam, Andhra Pradesh, OA No. 73/2020 (decided 01.06.2020) Cited as a prior matter concerning an industrial gas leak and its environmental/safety consequences. Listed among prior industrial accidents to demonstrate recurring safety failures and the Tribunal's engagement with such incidents.
Aryavart Foundation through its President v. Yashyashvi Rasayan Pvt. Ltd., OA No. 85/2020 (Earlier OA 22/2020) (WZ) (decided 03.02.2021) Cited as a prior Tribunal matter involving industrial safety/environmental compliance. Referenced to show precedent of Tribunal dealing with hazardous industrial activities and related remedial steps.
Bonani Kakkar v. Oil India Limited, OA No. 43/2020 (EZ) (decided 19.02.2021) Cited as a prior Tribunal matter addressing industrial/environmental harms. Used as part of the compilation of earlier orders evidencing a pattern of industrial accidents addressed by the Tribunal.
News item in Economic Times dated 30.06.2020 “Another Gas Leakage at Vizag Factory kills two, critically injures four…”, OA No. 106/2020 (decided 22.12.2020) Cited as a factual instance considered by the Tribunal in a prior OA concerning an industrial gas leak. Listed to illustrate prior incidents and inform the Tribunal’s interest in systemic preventive measures.
News item in The Indian Express dated 01.07.2020 “Tamil Nadu Neyveli boiler blast : 6 dead, 17 injured”, OA No. 108/2020 (decided 22.12.2020) Cited as a prior industrial accident matter placed before the Tribunal. Included in the Tribunal's catalogue of earlier incidents to support calls for enhanced vigilance.
News item in India Today dated 13.07.2020 “Massive fire engulf Vizag chemical plant, explosions heard, injuries reported”, OA No. 134/2020 (decided 22.12.2020) Cited as a prior Tribunal matter relating to chemical plant incidents and injuries. Referenced as part of a pattern of incidents demonstrating regulatory/safety lapses.
News item in Times of India dated 20.11.2020 “Six killed as blast tears through Malda Plastic recycling factory”, OA No. 272/2020 (decided 18.12.2020) Cited as a prior instance of a factory blast addressed by the Tribunal. Used to show the Tribunal’s prior engagement with factory accidents and their consequences.
News item in The Indian Express dated 23.11.2020 “Maharashtra: Two Killed, eight injured in methane gas leak in sugar factory”, OA No. 274/2020 (decided 16.08.2021) Cited as a prior industrial accident matter before the Tribunal. Listed among prior cases to underline recurring industrial safety failures.
In RE: News item in The Indian Express Sunday Express dated 28.06.2020 “Gas Leak in Agro Company Claims life of one”, OA No. 107/2020 (decided 08.01.2021) Cited as an earlier case involving a gas leak and fatality. Included to demonstrate precedent and pattern in the Tribunal's docket concerning industrial hazards.
In re: News item in Navbharat Times dated 24.12.2020 “Gas leaks in IFFCO Plant, 2 Officers dead”, OA No. 04/2021 (decided 04.06.2021) Cited as a prior instance of a fatal gas leak considered by the Tribunal. Referenced as part of the Tribunal’s catalogue of incidents prompting regulatory scrutiny.
In re: News item in The Indian Express dated 07.01.2021 “Four workers dead due to toxic gas leak in Rourkela Steel Plant”, OA No. 09/2021 (decided 11.02.2021) Cited as another prior Tribunal matter arising from an industrial gas leak. Used to exemplify recurring industrial hazards and the need for remedial action.
In re: News item in The News Indian Express dated 12.02.2021 “At least 19 dead in Virudhunagar firecracker factory blast, more than 30 injured”, OA No. 44/2021 (decided 03.03.2022) Cited as a prior industrial blast/fatality matter placed before the Tribunal. Included among earlier incidents to support the Tribunal's emphasis on safety compliance.
In re: News item in Times Now News dated 23.02.2021 “Karnataka: Six killed in quarry blast in Hirenagavalli, Chikkaballapur”, OA No. 59/2021 (decided 22.04.2022) Cited as a prior industrial accident matter. Referenced to evidence the Tribunal’s prior interventions in similar incidents.
In re: News item in The Hindu dated 23.02.2021 “Two dead, 5 missing in fire at UPL Plant”, OA No. 60/2021 (decided 14.12.2021) Cited as a prior plant fire matter before the Tribunal. Listed to demonstrate the court’s history of addressing industrial fires and safety lapses.
In re: News item in The Times of India dated 28.02.2021 “Delhi: Man charred to death as illegal factory catches fire”, OA No. 65/2021 (decided 31.08.2021) Prior Tribunal matter concerning fire in an illegal factory and resultant fatality. Specifically relied upon for observations about remedial committees and the need for zone-wise Special Task Forces (referenced in the opinion).
In re: News item in The Hindu dated 14.03.2021 “Safety lapses led to reactor blast at pharma unit”, OA No. 79/2021 (decided 31.08.2021) Cited as a prior matter involving safety lapses at a pharmaceutical unit. Used among other listed matters to show recurring failures in compliance and the Tribunal's responses.
In Re: News item in The Indian Express dated 04.11.2020 “Ahmedabad: Nine killed as godown collapses after factory blast”, OA No. 258/2020 (decided 23.03.2021) Cited as a prior factory blast matter addressed by the Tribunal. Listed to evidence pattern and to support calls for improved oversight and remedial mechanisms.
In re: News item in The Times of India dated 08.06.2021 “18, mostly women, killed in fire at Pune chemical unit”, OA No. 130/2021 (decided 01.02.2022) Cited as a prior chemical-unit fire matter. Included in the Tribunal's catalogue of similar incidents to justify enhanced vigilance and remedial action.
Rakesh Suresh Chandra Kapadia v. Gujarat Pollution Control Board, OA No. 31/2021 (WZ) (decided 08.11.2021) Cited as a specific Tribunal judgment involving pollution control board and related issues. Listed among prior Tribunal decisions to demonstrate jurisprudence and prior engagement on related environmental/regulatory issues.
In re: News item in The Hindustan Times dated 17.06.2021 “Blast in firecracker unit in Maharashtra's Palghar, at least 10 injured”, OA No. 134/2021 (decided 25.06.2021) Cited as a prior firecracker-unit blast matter. Used to exemplify the Tribunal's prior consideration of similar incidents and the need for preventive measures.
In re: News item in The Indian Express dated 12.07.2021 “Six killed in factory fire: Owner held, raids on to nab second accused”, OA No. 171/2021 (decided 07.09.2021) Cited as a prior factory fire matter in which remedial measures and committee observations were recorded. The opinion reproduces observations from this earlier order and relies on it in discussing remedial action and formation of inspection task forces.
In re: News item in The Indian Express dated 07.01.2022 “Gujarat: At least 06 dead, 20 sick after gas leak at industrial area in Surat”, OA No. 05/2022 (decided 18.01.2022) Cited as a prior gas leak incident addressed by the Tribunal. Included to show the breadth of incidents the Tribunal has previously addressed in the environmental/safety context.
In re: News item in India Today dated 26.12.2021 “7 dead in boiler explosion at noodle factory in Bihar's Muzaffarpur, probe ordered”, OA No. 02/2022 (decided 22.04.2022) Cited as a prior explosion/fire incident considered by the Tribunal. Listed as another instance supporting the Tribunal’s call for strengthened oversight and remedial mechanisms.
In re: News item in The Economic Times dated 21.12.2021 “3 dead, 44 injured in flash fire at IOC's Haldia refinery”, OA No. 440/2021 (decided 07.01.2022) Cited as a prior refinery flash fire matter. Referenced among other incidents to demonstrate recurring safety and compliance problems.
In re: News item in The Tribune dated 22.02.2022 “7 killed in blast at firecrackers factory in Himachal Una”, OA No. 143/2022 (decided 08.03.2022) Cited as a prior factory blast matter. Included to strengthen the Tribunal’s rationale for systemic corrective measures.
In re: News item in Hindustan Times dated 05.03.2022 “Bhagalpur: 14 dead in firecracker unit blast”, OA No. 198/2022 (decided 27.05.2022) Cited as a prior catastrophic fire incident addressed by the Tribunal. Listed to show the recurring nature of such harmful incidents that the Tribunal has addressed.
In re: News item in The Times of India dated 12.04.2022 “Six killed in chemical factory blast in Gujarat”, OA No. 272/2022 (decided 12.04.2022) Cited as a prior chemical factory blast matter. Used as part of the compendium of earlier cases to justify enhanced oversight and remedial action.
In re: News item in NDTV dated 14.04.2022 “6 killed, 12 injured after fire breaks out at Andhra Pradesh Pharma Unit”, OA No. 284/2022 (decided 20.04.2022) Cited as a prior pharma-unit fire incident before the Tribunal. Included among the Tribunal's prior matters to support the present directives for vigilance and remedial mechanisms.
M.C. Mehta v. Union of India (Hon'ble Supreme Court judgment referenced in the opinion) Cited in the opinion as a Supreme Court judgment relevant to conducting hazardous activities in residential areas and compliance with safety and environmental norms (the opinion states that an earlier factory was being run in violation of the judgment). Referred to as a controlling Supreme Court authority whose judgment had been violated in an earlier matter; used to underscore the illegality of hazardous activities in residential/non-conforming areas and the need for enforcement of safety norms.

Court's Reasoning and Analysis

The Tribunal proceeded on a suo motu basis after a media report of a fatal factory fire. Its analysis and directions derive from documentary sources and on-record enquiries rather than contested pleadings. The step-by-step reasoning, as reflected in the opinion, is as follows:

  1. The Tribunal relied upon the reports filed by statutory agencies (CPCB, State PCB, Director of Industries, and the District Administration) following the Registry's advance notice. The CPCB report (11.07.2022) and Director of Industries report (07.07.2022) set out factual findings on allotment, illegal operation, absence of statutory consents, hazardous activities (manual filling of explosive pellets), number of workers engaged, and the likely cause of the fire (electric short circuit/firing of cigarette).
  2. Based on those reports, the Tribunal noted that the unit had been operating without requisite permissions under environmental laws and without necessary safety and licensing clearances (including consents under Air and Water Acts and licenses/permissions from Explosive/Fire/Industries/Electricity departments). The State PCB and UPPCB had initiated proceedings, including show-cause notices for environmental compensation and cancellation of allotment by UPSIDA, and the Labour Department assessed compensation under the Workmen's Compensation Act.
  3. The Tribunal observed the escalation in casualties (from initially reported numbers to a later total of 17 deaths) and recorded the specific statutorily-assessed compensation amounts for deceased and injured workers as provided by the District/State authorities. These administrative assessments formed part of the documentary basis for the Tribunal's remedial approach.
  4. The Tribunal placed the incident in the context of numerous prior Tribunal matters and news-item driven OAs that similarly involved industrial accidents and failures to observe safety/environmental norms. By listing these antecedent matters, the Tribunal identified a recurring pattern that justified systemic remedial measures rather than merely case-specific orders.
  5. Drawing on the pattern of previous orders (including specific operative observations in OA No.171/2021 and OA No.65/2021 reproduced or referenced in the opinion), the Tribunal considered institutional remedies — enhanced monitoring, constitution or review of Special Task Forces (STFs) or joint committees, and stronger oversight by higher-ranked officers — as appropriate responses to prevent recurrence.
  6. Concretely, the Tribunal directed administrative steps: (a) the District Magistrate, Hapur, to take further action in accordance with law; and (b) constitution of a joint Committee of senior State/industry/environment officials (Additional Chief Secretary, Industries; Additional Chief Secretary, Environment; Chairman, State PCB; and District Magistrate, Hapur) to convene with all District Magistrates by video conferencing within one month to review vigilance and remedial measures. The Chairman, State PCB, was designated as the nodal agency for coordination and compliance.
  7. The Tribunal noted the statutory and administrative remedial measures already initiated (show-cause notices, labour-department compensation notices, cancellation of allotment, FIR registration) and directed follow-up action by the District Magistrate and the joint Committee for implementation and improvement of existing mechanisms.

Holding and Implications

APPLICATION DISPOSED OF

Direct Holding

  • The Tribunal disposed of the suo motu application arising from the media report of the Ruhi Industries factory fire (paragraph 16: "The application is disposed of").
  • The Tribunal directed that a copy of the order be forwarded to the Chief Secretary, UP; Additional Chief Secretary, Industries; Additional Chief Secretary, Environment; Chairman, State PCB; and the District Magistrate, Hapur, by email for compliance (paragraph 17).

Immediate Consequences and Administrative Directions

  • The District Magistrate, Hapur, was directed to take further action in accordance with law (paragraph 11).
  • A joint Committee comprising the Additional Chief Secretary (Industries), Additional Chief Secretary (Environment), Chairman, State PCB, and District Magistrate, Hapur, was directed to hold a joint meeting with all District Magistrates by video conferencing within one month to assess and strengthen mechanisms for vigilance against illegal operation of factories and to recommend remedial measures (paragraph 14). The Chairman, State PCB, was made the nodal agency for coordination and compliance.
  • The Tribunal recorded appreciation for the initiatives of the District Magistrate, Hapur, in coordinating remedial action (paragraph 15).
  • The opinion records administrative enforcement already undertaken by authorities: show-cause notice for environmental compensation, labour-department assessments for compensation under the Workmen's Compensation Act, cancellation of plot allotment by UPSIDA, and FIR registration under Penal Code provisions. These actions were noted and the Tribunal's directions were designed to ensure further follow-up and systemic improvements.

Broader Implications (as expressed in the opinion)

  • The Tribunal emphasized the need to review and strengthen monitoring processes for compliance with industrial safety norms and to institute enhanced vigilance to prevent recurrence of similar incidents. This was grounded in the Tribunal's cataloguing of numerous prior orders involving industrial accidents and safety failures (paragraphs 12 and 13).
  • The opinion calls for institutional mechanisms (joint Committees/STFs, higher-ranking oversight) and periodic inspections or reviews as appropriate remedial measures; these are administrative and supervisory directions rather than novel legal doctrines announced by this order.

Note: This summary is strictly confined to the content and directives expressly contained in the provided Tribunal opinion. No additional facts or legal conclusions beyond those in the opinion have been inferred or introduced.

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    Indian Express, In Re

    1. The matter has been taken up suo motu on the basis of captioned Media Report of death of 12 persons and injury to 13 persons in a factory fire at Ruhi Industries, Hapur, UP, operating in violation of environmental norms. The incident took place on 04.06.2022 at 2.30 PM.

    2. In pursuance of advance notice issued by the Registry on 06.06.2022, response has been filed by the Director of Industries, UP, CPCB and State PCB. The District Magistrate, Hapur is present in person. None appears for the Ruhi Industries - the Project Proponent (PP), though notice was duly served on it. We have perused the reports and interacted with the District Magistrate, present in person.

    3. The report of the CPCB dated 11.07.2022 is based on the information received from the District Administration and the State PCB as follows:—

    “The unit is located at Plot No. F-128 in MG Road Industrial Area of Uttar Pradesh State Industrial Development Corporation (UPSIDC) site in Hapur's Dhaulana area, Distt. Hapur, Uttar Pradesh, where the fire occurred. The following facts are placed on the record based on the information shared by UPPCB, Regional Office, Hapur:

    i. UPSIDA had allotted the said plot to M/s Ruhi Industries on 15.07.2019 for manufacturing of Electrical and Electronic Parts. However, during investigation by the aforesaid departments, it is found that the said premises were let out to a third person (Mr. Waseem), who was being used to manually fill the explosives in the pellets.

    ii. As per the records of UPPCB, the Board had neither established nor issued any permission to operate the unit i.e. M/s Ruhi Industries.

    iii. Since the unit was established and operating illegally without requisite permissions from UP Board, detailed submission in this regard has also been submitted by the UPPCB, Regional Officer, Ghaziabad to the Additional District Magistrate, Hapur on 14.06.2022 as part of ongoing magisterial enquiry set up by District Magistrate, Ghaziabad.

    iv. On the day of the incident, 13 casualties were reported and 20 labourers were seriously injured. Further, 04 more labourers succumbed to the injuries taking the death toll to 17.

    v. Show cause notice has been issued by UPPCB to the owner of the premises to deposit Rs. 1,33,43,750/- as environmental compensation. A copy of the show cause notice is annexed as Annexure-IV.

    vi. Labour department has issued Notice the factory owner to deposit an amount of Rs. 1,74,52,978 for deceased and Rs. 40,08,819 for injured under the Worksmen's Compensation Act, 1923 which is to be disbursed to the family of deceased and injured labourers.

    vii. Against the operator and owner of the premises, following actions have been taken by the concerned departments of UP Government:

    • Environmental Compensation imposed by the UPPCB;. Notice issued by Labour Department;

    • Allotment of Plot to M/s Ruhi Industries Ltd, has cancelled by UPSIDA; and

    • FIR registered under sections 286, 287, 304, 308, 337 and 338 of Penal Code, 1860 by Police department.”

    4. The report of State PCB which is also annexed to the report of the CPCB shows that activities of the unit were illegal without mandatory consent to establish and to operate under the Air (Prevention and Control of Pollution) Act, 1981 and the Water (Prevention and Control of Pollution) Act, 1974 for which violations, the proceedings have now been initiated by the State PCB, for recovery of compensation. Number of deaths has increased to 17. Labour Department has assessed compensation as per Workmen Compensation Act, 1923. Out of Chief Minister's Relief Fund, compensation of Rs. 2 lakhs each has been given to the families of the deceased and Rs. 50,000 to the family of the injured. Allotment of plot has been cancelled and criminal case registered.

    5. Report of the Director of Industries, UP dated 07.07.2022 is to the effect that the factory was illegally given on rent by the allottee of the plot and used for the work of filling pallets with explosives, without requisite consents/license from the Explosive Department, Fire Department, Industries Department and Electricity Department or the District Administration. 33 workers were engaged. Cause of incident appears to be electric short circuit/firing of cigarette, resulting in instant death of 13 workers and injury to 20 workers. Later, death of 4 more workers took place out of the injured. On enquiry on 07.06.2022, it was found that 33 workers were engaged in manufacturing activities, without complying with the provisions of the Factories Act, 1948.

    6. As per notice of the Commissioner under the Workmen's Compensation Act, 1923 dated 05.06.2022, (annexed to the report), the compensation for the family of the deceased has been assessed is as follows:—

    S. No. Name of the deceased Father's name and address Age Amount of compensation to be paid 1 Shri Irfan Shri Ibban Village Bhanderi, Post Hatheli, PS Kaanth, Distt. Shahajanapur, UP 22 10,54,828/- 2 Shri Bhure Shri Gurbaksh Village Bhanderi, Post Hatheli, PS Kaanth, Distt. Shahajanapur, UP 48 7,61,447/- 3 Shri Ramu Shri Darshan Village Bhanderi, Post Hatheli, PS Kaanth, Distt. Shahajanapur, UP 27 10,17,661/- 4 Shri Sarvesh Shri Pappu Village Bhanderi, Post Hatheli, PS Kaanth, Distt. Shahajanapur, UP 20 10,67,360/- 5 Shri Anup Shri Rajesh Village Bhanderi, Post Hatheli, PS Kaanth, Distt. Shahajanapur, UP 19 10,73,173/- 6 Shri Chote alias Anil Kumar Shri Ramchander Village Bhanderi, Post Hatheli, PS Kaanth, Distt. Shahajanapur, UP 40 8,77,570/- 7 Shri Prempal Shri Ramsharan Village Bhanderi, Post Hatheli, PS Kaanth, Distt. Shahajanapur, UP 35 9,38,991/- 8 Shri Chaviram Shri Kallu Village Bhanderi, Post Hatheli, PS Kaanth, Distt. Shahajanapur, UP 20 10,67,360/- 9 Shri Dilshad Shri Aafaq Village Bhaumeka, PS Kaccha Thaman, Kishanganj, Bihar 18 10,78,701/- 10 Shri Kurban Shri Ramzan Village Kanpayiya, PS Hardi, Distt. Behraich, UP 19 10,73,173/- 11 Shri Noor Hasan Shri Ispaq Mo. Bazarwali Bagh, PS Katra, Distt. Shahajanapur, UP 22 10,58,828/- - - - Total 1,10,69,092/-

    7. The compensation assessed for the injured is as follows:—

    S. No. Name of the injured worker Father/Husband name and address Age Amount of compensation to be paid 1 Shri Aijaj Shri Aafaq Village Bhaumeka, PS Kaccha Thaman, Kishanganj, Bihar 27 8,54,835/- 2 Shri Shivam Shri Krishanpal Village Chardhiya, PS Kaanth, Distt. Shahajanapur, UP 28 12,11,015/- 3 Shri Saroj Shri Sukhram Village Bhanderi, PS Kaanth, Distt. Shahajanapur, UP 26 12,30,971/- 4 Shri Rajesh Shri Ramkhilauna Village Bhanderi, PS Kaanth, Distt. Shahajanapur, UP 21 63,673/- 5 Shri Rihan Shri Aas Mohd. Village Ubarpur, PS Hafizpur, Distt. Hapur 18 64,722/- 6 Shri Manoj Shri Sukhram Village Bhanderi, PS Kaanth, Distt. Shahajanapur, UP 18 64,722/- 7 Shri Chand Shri Aamir Village Bhanderi, PS Kaanth, Distt. Shahajanapur, UP 22 3,16,448/- 8 Ms. Jainav Shri Badshah Village Bhanderi, PS Kaanth, Distt. Shahajanapur, UP 22 63,290/- 9 Shri Babloo Shri Shakoor Village Bhanderi, PS Kaanth, Distt. Shahajanapur, UP 28 1,81,652/- 10 Shri Mustqim Shri Badshah Village Bhanderi, PS Kaanth, Distt. Shahajanapur, UP 35 2,25,358/- 11 Shri Amit Gupta Shri Suresh Gupta Village Bhanderi, PS Kaanth, Distt. Shahajanapur, UP 26 2,46,195/- 12 Shri Ankur Shri Ramesh Gupta Village Bhanderi, PS Kaanth, Distt. Shahajanapur, UP 18 4,53,055/- 13 Shri Sagar Shri Titu R/o Supar Tank, Delhi Road, Meerut 23 3,77,302/- 14 Shri Pradeep Shri Satpal Village Bhanderi, PS Kaanth, Distt. Shahajanapur, UP 18 3,23,610/- 15 Shri Yusuf Shri Latif, Village Bhanderi, PS Kaanth, Distt. Shahajanapur, UP 28 2,42,203/- 16 Ms. Shahida Shri Sarafat Village Bhanderi, PS Kaanth, Distt. Shahajanapur, UP 18 1,94,166/- 17 Smt. Afsana Shri Yusuf, Village Bhanderi, PS Kaanth, Distt. Shahajanapur, UP 28 1,81,652/- 18 Shri Taalib Shri Haqa, Village Uvarpur, PS Hafizpur, Distt. Hapur 19 6,43,904/- 19 Shri Sonu Shri Ramesh Village Bhanderi, PS Kaanth, Distt. Shahajanapur, UP 23 7,54,605/- 20 Ms. Aathiya Shri Sarafat Village Bhanderi, PS Kaanth, Distt. Shahajanapur, UP 20 2,56,166/- - - - Total 79,49,544/-

    8. Subsequent order dated 07.06.2022 in respect of 2 more workers who died is as follows:—

    S. No. Name of the deceased worker Father/Husband name and address Age Amount of compensation to be paid 1 Late Shri Ranjeet alias Prem Narayas Shree Rampal, Sikanderpur Afganan, PS Jalalabad, District Shahajahanpur, UP 25 10,33,576/- 2. Late Shri Raghvendra Shree Ram Naresh, Village Bhanderi Post Hathel, PS Kanth, District Shahajahanpur, UP 19 10,73,173/-

    9. Further notice order dated 10.06.2022 in respect of 2 more workers who died later is as follows:

    S. No. Name of the deceased worker Father/Husband name and address Age Amount of compensation to be paid 1 Late Shri Shivam Shree Krishnapal, village Chardiya, PS Kanth, District Shahajahanpur, UP 23 10,48,062/- 2. Late Shri Sanoj Shree Sukhram, Village Bhanderi, PS Kanth, District Shahajahanpur, UP 19 10,73,173

    10. Similarly, vide notice dated 11.06.2022 compensation has been assessed for 1 more worker who died as follows:—

    S. No. Name of the deceased worker Father/Husband name and address Age Amount of compensation to be paid 1. Late Shri Majruv Taaliv Shree Haakam, village Uwarpur, PS Hafijpur, District Hapur 18 10,78,701/

    11. In view of above, the District Magistrate, Hapur may take further action in accordance with law.

    12. Apart from award of compensation to the victims, it may be necessary to review the monitoring processes for compliance of industrial safety norms by enhanced vigilance. We note that in recent past, we have dealt with number of industrial accidents resulting in deaths and injuries on account of failure to comply the environmental safety norms, namely:

    1. In re : Gas Leak at LG Polymers Chemical Plant in RR Venkatapuram Village Visakhapatnam in Andhra Pradesh, OA No. 73/2020 decided on 01.06.2020.

    2. Aryavart Foundation through its President v. Yashyashvi Rasayan Pvt. Ltd., OA No. 85/2020 (Earlier OA 22/2020) (WZ) decided on 03.02.2021.

    3. Bonani Kakkar v. Oil India Limited, OA No. 43/2020 (EZ) decided on 19.02.2021.

    4. News item published in the local daily “Economic Times” dated 30.06.2020 titled “Another Gas Leakage at Vizag Factory kills two, critically injures four…”, OA No. 106/2020 decided on 22.12.2020.

    5. News item published in the “Indian Express” dated 01.07.2020 titled “Tamil Nadu Neyveli boiler blast : 6 dead, 17 injured”, OA No. 108/2020 decided on 22.12.2020.

    6. News item published on 13.07.2020 in the local daily named “India Today” titled “Massive fire engulf Vizag chemical plant, explosions heard, injuries reported”, OA No. 134/2020 decided on 22.12.2020.

    7. News item published in the “Times of India” dated 20.11.2020 entitled “Six killed as blast tears through Malda Plastic recycling factory”, OA No. 272/2020 decided on 18.12.2020.

    8. News item published in the “Indian Express” dated 23.11.2020 entitled “Maharashtra : Two Killed, eight injured in methane gas leak in sugar factory”, OA No. 274/2020 decided on 16.08.2021.

    9. In RE : News item published in the local daily “Indian Express Sunday Express” dated 28.06.2020 titled “Gas Leak in Agro Company Claims life of one”, O.A. No. 107/2020 decided on 08.01.2021.

    10. In re : News item published in Navbharat Times dated 24.12.2020 titled “Gas leaks in IFFCO Plant, 2 Officers dead”, O.A. No. 04/2021 decided on 04.06.2021.

    11. In re : News item published in The Indian Express dated 07.01.2021 titled “Four workers dead due to toxic gas leak in Rourkela Steel Plant”, O.A. No. 09/2021 decided on 11.02.2021.

    12. In re : News item published in The News Indian Express dated 12.02.2021 titled “At least 19 dead in Virudhunagar firecracker factory blast, more than 30 injured, O.A. No. 44/2021 decided on 03.03.2022.

    13. In re : News item published in Times Now News dated 23.02.2021 titled “Karnataka : Six killed in quarry blast in Hirenagavalli, Chikkaballapur”, O.A. No. 59/2021 decided on 22.04.2022.

    14. In re : News item published in The Hindu dated 23.02.2021 titled “Two dead, 5 missing in fire at UPL Plant”, O.A. No. 60/2021 decided on 14.12.2021.

    15. In re : News item published in The Times of India dated 28.02.2021 titled “Delhi : Man charred to death as illegal factory catches fire”, O.A. No. 65/2021 decided on 31.08.2021.

    16. In re : News item published in The Hindu dated 14.03.2021 titled “Safety lapses led to reactor blast at pharma unit”, OA No. 79/2021 decided on 31.08.2021.

    17. In Re : News item published in the “Indian Express” dated 04.11.2020 titled “Ahmedabad : Nine killed as godown collapses after factory blast”, OA No. 258/2020 decided on 23.03.2021.

    18. In re : News item published in The Times of India dated 08.06.2021 titled “18, mostly women, killed in fire at Pune chemical unit”, OA 130/2021 decided on 01.02.2022.

    19. Rakesh Suresh Chandra Kapadia v. Gujarat Pollution Control Board, OA No. 31/2021 (WZ), decided on 08.11.2021.

    20. In re : News item published in The Hindustan Times dated 17.06.2021, titled “Blast in firecracker unit in Maharashtra's Palghar, at least 10 injured”, OA No. 134/2021 decided on 25.06.2021.

    21. In re : News item published in The Indian Express dated 12.07.2021 titled “Six killed in factory fire : Owner held, raids on to nab second accused”, OA No. 171/2021 decided on 07.09.2021.

    22. In re : News item published in The Indian Express dated 07.01.2022 titled “Gujarat : At least 06 dead, 20 sick after gas leak at industrial area in Surat”, OA No. 05/2022 decided on 18.01.2022.

    23. In re : News item published in India Today dated 26.12.2021 titled “7 dead in boiler explosion at noodle factory in Bihar's Muzaffarpur, probe ordered”, OA No. 02/2022 decided on 22.04.2022.

    24. In re : News item published in The Economic Times dated 21.12.2021 titled “3 dead, 44 injured in flash fire at IOC's Haldia refinery”, OA No. 440/2021 decided on 07.01.2022.

    25. In re : News item published in The Tribune dated 22.02.2022 titled “7 killed in blast at firecrackers factory in Himachal Una”, OA No. 143/2022 decided on 08.03.2022.

    26. In re : News item published in Hindustan Times dated 05.03.2022 titled “Bhagalpur : 14 dead in firecracker unit blast”, OA 198/2022 decided on 27.05.2022.

    27. In re : News item published in The Times of India dated 12th April, 2022, titled “Six killed in chemical factory blast in Gujarat”, OA No. 272/2022 decided on 12.04.2022.

    28. In re : News item in NDTV dated 14.04.2022 titled “6 killed, 12 injured after fire breaks out at Andhra Pradesh Pharma Unit”, OA No. 284/2022 decided on 20.04.2022.

    13. This may call for effective mechanism to check illegally operating commercial activities in the interest of safety of citizens. In this regard, we may refer to the observations of this Tribunal in a recent order dealing with the incident of death of 6 persons in a factory fire at Delhi vide order dated 07.09.2021 in O.A. No. 171/2021, In re : News item published in The Indian Express dated 12.07.2021 titled “Six killed in factory fire : Owner held, raids on to nab second accused” as follows:—

    “1 to 6….xxx…………………………….xxx……………………………….xxx

    7. As regards the remedial action against unauthorized unsafe constructions and violation of law in conducting business activities without requisite permissions and without requisite safety norms, remedial action be taken as proposed by the joint Committee which may be reviewed from time to time. We have noted the observations of the Committee that large number of fire incidents are taking place in Delhi resulting in loss of lives including the incidents mentioned in the report - in PVC Market Jawala Puri, fire cracker factory in Bawana and fire incident at wedding venue in North West Delhi's Netaji Subhash Place. We have also noted that it is not desirable to permit hazardous activities at congested locations for which oversight mechanism needs to be strengthened in the light of above recommendations.

    8. Recently, another case of fire incident resulting in charring of a person to death at Pratap Nagar at North Delhi has been dealt with by this Tribunal on 31.08.2021 in OA No. 65/2021, In re : News item published in The Times of India dated 28.02.2021 titled “Delhi : Man charred to death as illegal factory catches fire”. The Tribunal constituted a Committee comprising of CPCB, DPCC, Director Industrial Safety & Health, Delhi, North Delhi Municipal Corporation and the District Magistrate, North Delhi. The Committee gave its report dated 24.08.2021 to the effect that the factory was being run in violation of judgment of the Hon'ble Supreme Court in M.C. Mehta v. UOI1, in residential area in violation of the safety and environmental norms. Fire took place on account of failure to observe safety norms. The Committee suggested that Special Task Force (STF) be constituted for conducting inspection atleast once in three months. The Tribunal accordingly directed taking of further remedial steps by the statutory authorities. It was also observed that constitution of zone-wise STF to check illegal industrial activities and godowns in violation of safety norms should be manned by officers of appropriately higher rank and this aspect may be reviewed by the Chief Secretary, Delhi. The operative part of the order is reproduced below:

    “1 to 7. xxx ………………….…xxx……………….……….xx

    8. In view of the above, further action may be taken by the Statutory Authorities, following due process. The compensation assessed may be recovered and if not paid within one month, coercive measures be taken against the concerned persons as well as against the property involved. We request the Member Secretary, Delhi State Legal Service Authority to ensure legal aid to the heirs of the deceased to enable due compensation to be paid to them. If the owners/tenant or other persons against whom action is taken are aggrieved, they are at liberty to take their remedies, including moving this Tribunal. The Authorities may also maintain vigil and take measures to prevent such incidents in future. We have noted the constitution of zone wise STF to check the illegal industrial activities and godowns in residential/non-conforming areas and are of the view that the same should be manned by officers of higher rank than the constitution now proposed. The Chief Secretary, Delhi may review the constitution accordingly.”

    14. In view of the above, we direct a joint Committee of Additional Chief Secretary, Industries, Additional Chief Secretary, Environment, Chairman, State PCB and District Magistrate, Hapur to hold a joint meeting along with all the District Magistrates by Video Conferencing within one month to take stock of the mechanism for vigilance against illegal operation of factories having potential for such incidents and remedial measures necessary for preventing such incidents. Existing mechanism may be appropriately updated and streamlined. The Chairman, State PCB will be the nodal agency for coordination and compliance.

    15. We place on record our appreciation for the initiatives of the District Magistrate, Hapur inter-alia in taking on board all the District Magistrates for remedial action on the subject.

    16. The application is disposed of.

    17. A copy of this of this order be forwarded to the Chief Secretary, UP, Additional Chief Secretary, Industries, Additional Chief Secretary, Environment, Chairman, State PCB and District Magistrate, Hapur by email for compliance.

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    Indian Express, In Re
    (Jul 12, 2022)