Supreme Court: State Cannot Acquire Temple Property Through Gift Deed  ||  Supreme Court: HC Registry Should Exclude Court Vacations When Listing Cases After Fixed Days  ||  Supreme Court Flags Stark Non-Compliance With Directions on CAPF Cadre Review  ||  Supreme Court: Internet Access and Use is a Fundamental Right, Including for Children  ||  Supreme Court: Letters Patent Bench Cannot Interfere Merely Over Errors of Fact or Law  ||  Supreme Court: Voters May File Complaints Against Candidates over False Affidavits under RP Act  ||  Madras HC: Using Children in Campaign is Inappropriate but Does Not Invalidate Election  ||  Allahabad HC: Section 69 BNS Cannot Be Invoked by Transgender Woman in False Marriage Promise Case  ||  Delhi High Court Permits Britannia’s ‘No Added Sugar, Maida or Palm Oil’ Claim on Biscuit Packs  ||  Calcutta High Court Bars Deportation of Alleged Bangladeshi Woman until CAA Application is Decided    

Aryavart Foundation through its President and Ors. Vs. Yashyashvi Rasayan Pvt. Ltd. & Ors. - (National Green Tribunal) (03 Feb 2021)

Companies dealing with hazardous substance must forthwith pay compensation for deaths & injuries to victims as per WCA, 1923 wherever applicable or the principle of restitution wherever applicable

MANU/GT/0025/2021

Environment

Matter arises out of an incident occurred in Bharuch district of Gujarat. The respondent factory is the manufacturer of several hazardous chemicals, including Methanol and Xylane which are hazardous to life and property as mentioned in schedule to the Manufacturer, Storage and Import of Hazardous Chemical Rules, 1989. According to applicants, a massive blast took place in the factory on account of a fire in the storage tank of the factory resulting to death of 11 and grievous and simple injuries to 22 and 28 respectively. Along with this damage has also been found in the air and water in the vicinity.

The issue in the matter was what should be the measure of liability of an enterprise which is engaged in a hazardous or inherently dangerous industry if by reason of an accident occurring in such industry, personas die or are injured and whether damage caused to the environment is an important aspect.

NGT directed to conduct safety audits of all such establishments having potential for such accidents and directed the Chief Secretaries of all the States and Union territories to evolve a mechanism to ensure that the companies dealing with hazardous substance must forthwith pay compensation for deaths and injuries to the victims a least as per Workmen Compensation Act, 1923 wherever applicable or the principle of restitution laid down in this regard.

The NGT further affirmed that the pollution control board and District Magistrate must assess the cost of restoration of the environment which should be recovered from the company.

Tags : COMPENSATION   HAZARDOUS SUBSTANCE  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved