'State's Duty To Ensure Proper Disposal of Hazardous Waste': Madras High Court Directs Govt To Pay ₹10 Lakh Each To Children Injured In Explosion

Holding the State liable, Justice GR Swaminathan of the Madurai bench directed it to pay a sum of Rs.10 lakh each to the victims.

"The damage and injury suffered by the children can very well be imagined. They have suffered disfiguration. They lost friendship and company. Their studies suffered. Their marital prospects have become a serious question mark. No amount of compensation can give back what they lost. Taking into account the overall facts and circumstances, the first respondent is directed to pay a sum of Rs. 10.00 lakhs each to the victims."

The court added: "A fixed deposit shall be created in their names in a nationalised bank for a period of five years. This shall be done within a period of eight weeks from the date of receipt of copy of this order. They can withdraw the accrued interest once in six months. The victims can withdraw the deposited amount at the end of the five years." 

The court noted that even though there were fire industries in the vicinity, one cannot assume that the private individuals had dumped the hazardous waste into the water body.

Criticizing the manner in which police had conducted the investigation, the court said the probe was "misdirected" and reeked of laziness and indifference.

"Of course, the occurrence took place because the boys had thrown stones at the garbage dump. From this, the investigation officer concluded that the occurrence was a pure accident and there was nothing further to probe. In my view, the approach of the jurisdictional police reeks of laziness and indifference."

The court held that the Municipality had a statutory obligation under the Tamil Nadu District Municipalities Act, 1920 to take precautions against fire. However, the duty is not confined to the local body alone and basically vests with the government, it added.

Observing that the government is under a constitutional obligation to ensure the general safety of the citizens, the court said the State is also under a statutory obligation to ensure that hazardous substances are handled in such a manner that the general safety of the public is not endangered.

"In the case on hand, these [Hazardous and Other Wastes (Management and Transboundary Movement)] Rules have been brazenly breached. While the private persons are obviously the violators, the duty to ensure that there is no breach of the Rules is on the State. These are matters in which the principle of absolute liability has to be applied. The authorities have miserably failed to monitor the manner of disposal. The negligence on the part of the authorities is responsible for the occurrence."

Citing the duties of a king as mentioned in Mahabharatha, Manu, Arthashastra, and Thirukural among others, the court said that the modern democratic republic also has to discharge the duty of protecting the citizens and ensuring their safety. 

"In the instant case, there has been a gross and flagrant failure in discharging the said duty," it added.

Case Title: Sankareswari and another v. The District Collector and others

Citation: 2023 LiveLaw (Mad) 22

Case No: WP(MD)No.16862 of 2019