In the Ludhiana gas leak case, the National Green Tribunal (NGT) recently formed an eight-member fact-finding joint Committee to be led by the Chairman of the Punjab State PCB.
The Tribunal has also ordered the District Magistrate of Ludhiana to pay Rs. 20 lakhs each in compensation to the heirs of the 11 victims of the tragedy.
The bench of Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal, and Dr. Senthil Vel (Expert Member) stated, “The State has to pay compensation in the absence of identified private operators with liberty to recover the same from persons found responsible. The state is obligated to maintain compliance with environmental standards for the safety of its population.”
The Tribunal was considering the case suo motu in response to media reports of 11 people, including three minors, dying in Ludhiana on 30 April as a result of a gas leak in the city’s Giaspura area.
The Tribunal noted that a media article dated 02.05.2023 in Daily newspaper captioned “5-member SIT to look into 11 deaths due to gas leak in Ludhiana” claimed that the tragedy could have been caused by hydrogen sulphide. The gas could have come from industrial trash placed in the sewer system, according to the report.
Given the gravity of the situation, the NGT stated, “Intervention of this Tribunal is called for under Section 15 of the NGT Act, which is necessary to ascertain the cause of the incident and remedial action taken and required, including measures to prevent such incidents in the future and to compensate the victims by way of adequate compensation.”
The Tribunal stated that in such cases, victims are normally entitled to compensation in the amount of ₹20 lakhs in the case of death and varying amounts in the case of injuries based on the type of injury caused.
It has formed an eight-member joint fact-finding committee to be led by the Chairman of the Punjab State PCB. 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 will also serve on the Committee.
It further directed the Committee to meet within one week of today and to accomplish its task within one month, if possible.
The NGT also passed an order directing the District Magistrate of Ludhiana to pay compensation. It stated, “the District Magistrate of Ludhiana may ensure payment of compensation @ ₹20 lakhs each to the heirs of 11 persons who have died, deducting any amounts, if any, already paid within one month.”
The Committee is also directed to provide information on those who have died and those who have been injured, as well as the extent of their injuries.
“It may also recommend measures to be taken in the future to prevent such incidents,” the Tribunal said.
The matter is listed for further consideration on July 13, 2023.
