HC directs petitioner to approach NGT Southern Bench for relief

The Madurai Bench of the Madras High Court on Monday has asked a petitioner to approach the National Green Tribunal (Southern Bench) in Chennai for relief. He had sought a direction to the authorities to pay compensation, as per the National Green Tribunal order, to the family members of the victims who were killed and seriously injured in a fire accident at Sree Mariyammal Fireworks at Achankulam in Virudhunagar district in 2021.

The court was hearing the public interest litigation petition filed by S. Vijay Andrew alias Bheemarao of Virudhunagar district. The petitioner said that 27 persons were killed and 26 others were injured in the fire accident. The Centre and the State governments had provided compensation.

The National Green Tribunal had initiated suo motu proceedings and directed the State to pay a compensation of ₹ 20 lakh to the family of the deceased and to the others who had sustained injuries in the fire accident from ₹ 2 lakh to ₹ 15 lakh depending on the burn injuries. The appeal preferred by the State before the Supreme Court was dismissed. However, the NGT order has not been complied with, the petitioner said and sought a direction to the authorities to pay the amount.

A Division Bench of Justices R. Subramanian and L. Victoria Gowri observed that effective remedy was available to the petitioner under Section 25 of the National Green Tribunal Act, 2010 which provides for the execution of the Tribunal’s award.

The court observed that Section 26 of the Act provides for penalties for failure to comply with the orders of the tribunal. The court left it open to the petitioner to approach the NGT (Southern Bench) and observed that it was sure that the NGT (Southern Bench) would definitely take note of Section 26 of the Act and implement it to its letter and spirit. The court disposed of the petition.

Published - September 30, 2024 09:31 pm IST