New Delhi, April 8 The National Green Tribunal has ordered the district magistrate of Mahasamund in Chhattisgarh to pay compensation of Rs 20 lakh each to the families of five labourers who died of asphyxia in an illegal brick kiln.
The tribunal had taken suo motu cognizance of the matter based on a media report of the incident that occurred on the night of March 14-15 in the Basna tehsil of the Chhattisgarh district that claimed lives of five people and injury to another at a brick kiln.
The State Pollution Control Board and the district magistrate were issued notices by the tribunal last month, and a response was filed on April 5.
The chairperson of the bench, Justice A.K. Goel, including judicial member Justice Sudhir Agarwal and expert member A. Senthil Vel said that this Tribunal has dealt with several cases of death and injuries having nexus to hazardous business activities and held the business entities in question to compensate the victims on principle of restitution Rs 20 lakh for each death and varying scale depending on extent of injuries.
"If such business activity fails to pay, the State has to pay for failure to ensure safety with liberty to recover from such entities. Citizens are entitled to safety from hazards of business activities having potential for such incidents," the bench observed.
"The fact remains that deaths and injuries are on account of brick kiln activities for which the victims have to be compensated and the State has to take precautions to prevent such incidents in future, apart from paying compensation with liberty to recover the same from the concerned entity. State Legal Service Authority may provide legal aid in the matter," the bench said in its order passed on April 6.
"We direct the District Magistrate, Mahasamund, Chhattisgarh to ensure payment of compensation to the victims within two months with liberty to recover the same from the project proponent. The State of Chhattisgarh may also take appropriate precautions to prevent such incidents. Compensation will be Rs 20 lakh to the heirs of each deceased and Rs two lakhs to the injured, in absence of information about extent of injuries," the court directed.
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