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The Hindu
The Hindu
National
Legal Correspondent

SC sets aside order directing Tamil Nadu govt. to compensate victims

The Supreme Court, in the interests of justice, has set aside a National Green Tribunal decision ordering the Tamil Nadu government to pay compensation to the families of those who were dead and injured in a blast at a firecrackers unit in Virudhunagar in February last year.

A Bench led by Justice A.M. Khanwilkar, on Friday, set aside the tribunal judgment of June 2021, suo motu directing the State to pay ₹20 lakh to the families of the dead and ₹15 lakh to the kin of the injured, saying the decision was made ex-parte.

The decision was based on an appeal by the Tamil Nadu Fireworks And Amorces Manufacturers Association (TANFAMA), which questioned the jurisdiction of the tribunal to initiate suo motu proceedings. “Even if the tribunal were to initiate suo motu action, it must put every person likely to be affected by its decision, to notice and give an opportunity of hearing before passing final orders. In the impugned judgment, it is noted that in spite of notice, the authorities and parties concerned did not enter appearance. In that sense, the matter proceeded ex parte against the parties concerned, including the appellants,” the top court noted in its order.

Disposing of the appeal, the court ordered “in the interest of justice, it is appropriate to set aside the judgment and order, and relegate the parties before the National Green Tribunal for reconsideration of the entire matter, after giving an opportunity to the parties concerned, including the appellants, and to pass appropriate orders in accordance with law.”

The court asked the tribunal to take up the case again on February 14, 2022.

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