Ludhiana Gas Leak: National Green Tribunal Directs DM To Pay Rs 20 Lakh Compensation To Kin Of Deceased, Forms Fact Finding Committee

The National Green Tribunal (NGT) has constituted the eight member fact-finding joint Committee to be headed by Chairman, Punjab State PCB in the Ludhiana gas leak case.

The Tribunal has also directed the District Magistrate of Ludhiana to pay compensation of Rs. 20 lakhs each to the heirs of 11 deceased in the tragedy.

The bench of Justice Adarsh Kumar Goel ( Chairperson), Justice Sudhir Agarwal, Dr.Senthil Vel (Expert Member) said,

“The State has to pay compensation in absence of identified private operators with liberty to recover the same from persons found responsible. The State is under obligation to ensure compliance of environmental norms for safety of citizens.”

The Tribunal was hearing the matter suo motu in the light of media reports of death of 11 persons, including three minors, at Ludhiana on account of gas leak in Giaspura area of the city on April 30.

The Tribunal noted that a media report dated 02.05.2023 in Hindu Daily titled “5- member SIT to look into 11 deaths due to gas leak in Ludhiana” suggested that hydrogen sulphide could have led to the incident. The gas could be from industrial waste dumped in the sewerage line, it added.

Considering the gravity of the matter, the NGT said that,

“Intervention of this Tribunal is called for under Section 15 of the NGT Act for which it is necessary to ascertain the cause of the incident and remedial action taken and required, including measures to prevent such incidents in future and to compensate the victims by way of adequate compensation.”

The Tribunal referred to the cases of M.C. Mehta vs. Union of India & Ors, (1987) 1 SCC 395, MCD v. Uphaar Tragedy Victims Association, (2011) 14 SCC 481, and Sarla Verma, (2009) 6 SCC 12, where it had previously dealt with incidents of deaths and injuries resulting from the violation of environmental norms by both State and private entities.

The Tribunal noted that in such cases, the victims are usually entitled to compensation at a rate of Rs. 20 lakhs in case of death and at varying rates in case of injuries depending on the extent of harm suffered.

It has constituted an eight member fact-finding joint Committee to be headed by Chairman, Punjab State PCB. Other members of the Committee will be Regional Director (North), CPCB, Industrial Toxicology Research Centre (ITRC), Lucknow, nominee of Director, PGI Chandigarh, nominee of NDRF, State PCB, District Magistrate, Ludhiana and Commissioner, Municipal Corporation, Ludhiana.

It further directed the Committee to meet within one week from today and complete its task preferably within one month.

The NGT has also passed an order to DM Ludhiana to pay compensation stating that,

“District Magistrate, Ludhiana may ensure payment of compensation @ Rs. 20 lakhs each to the heirs of 11 persons who have died, deducting the amounts, if any, already paid within one month.”

The Committee is also instructed to provide information on individuals who have passed away and those who have been injured, along with the extent of their injuries.

“It may also recommend measures to be taken in future to prevent such incidents,”the Tribunal added.

The matter is posted on July 13 for further consideration.

Case Title:In re: News item published in India Today dated 30.04.2023 titled “3 minors among 11 dead in Ludhiana gas leak, Punjab govt. announces Rs 2 lakh ex-gratia”

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