Order of the Supreme Court of India regarding payment of compensation by Yashyashvi Rasayan, Dahej, Bharuch, Gujarat, 22/06/2020

Order of the Supreme Court of India in the matter of Yashyashvi Rasayan Pvt. Ltd. Vs Gujarat Pollution Control Board & Others dated 22/06/2020. The matter related to the blast in the chemical factory at Dahej, Bharuch district, Gujarat and the NGT imposing a fine of Rs. 25 crore on Yashyashvi Rasayan.

Harish Salve, the counsel representing the industry stated that with respect to payment of compensation of Rs. 15 lakhs by way of interim compensation on account of death, the industry has no objection. The same is the case with Rs. 5 lakhs per person in case of grievous injuries and Rs. 2.5 lakhs towards injuries caused to the persons hospitalised, as ordered by the NGT.

However, with respect to the displacement of 4800 persons, compensation of Rs.25,000/- per person had been ordered by the NGT. It was submitted that there might have been displacement of persons only for few hours and therefore, the compensation awarded was on a higher side.

The SC directed the chemical industry to approach the NGT for modification of the order, stating in detail the number of persons displaced and for how much period. The SC asked the NGT to "reassess the compensation, if necessary, in the light of the data to be placed before it." The apex court gave ten days time to make the payment but the disbursement of the amount to the displaced persons would remain stayed till a fresh decision was taken by the NGT.