SC asks CJ of Gujarat HC to register case to identify victims of 2022 industrial accident at pesticide plant

New Delhi: The Supreme Court on Wednesday asked the Chief Justice of the Gujarat High Court to register a suo motu case to identify victims of the 2022 industrial accident at a pesticide plant operated by PSU Bharat Rasayan Ltd in Gujarat for payment of compensation to those affected.

On May 17, 2022, an industrial accident took place at the Dahej pesticide plant of Bharat Rasayan Ltd, leaving eight people dead and several others injured. An alleged reactor defect triggered a blast and fire at the site. it also raised concerns regarding toxic emissions and chemical contamination.

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Applying the "polluter pays" principle, the National Green Tribunal (NGT) had on May 29, 2024, imposed environmental compensation of approximately Rs 13.5 crore on the PSU.

The green tribunal had also directed that the amount be utilised by the Gujarat Pollution Control Board (GPCB) for environmental restoration and improvement measures within a 10-km radius of the plant.

On Wednesday, a bench comprising Chief Justice Surya Kant and justices Joymalya Bagchi and V Mohana took note of the submissions of the Central Pollution Control Board (CPCB) that GPCB was earlier directed to spend the amount strictly for environmental improvement and restoration.

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The bench was also informed that besides that amount, around Rs 3.27 crore was lying with the apex court registry and it has to be disbursed to the victims of the accident or their family members or legal heirs.

It was also informed that the authorities have not been able to identify the victims and their family members for disbursal of the compensation amount.

Taking note of this aspect, the bench asked the Chief Justice of the high court to register a suo motu case to identify the victims or their family members for disbursal of the compensation amount lying with the apex court registry.

In the meanwhile, the bench asked the apex court registry to put the money in the fixed deposit for another year and release it when the high court identifies the victim for disbursal of the compensation.

Earlier, the top court had declined to dilute the 5 percent turnover-based environmental compensation imposed on Bharat Rasayan Ltd. following the 2022 industrial accident.

Later the petition was disposed of.