NARESH DUTT TYAGI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The Primary Cooperative Society, Garh Mukteshwar, District Ghaziabad, said to be a federating unit of the U. P. Cooperative Union Ltd. , stored certain chemical pesticides in a godown. The fumes emanating from the pesticides leaked to the contiguous property through the ventilators and, as a result, three young children aged four, seven and ten respectively of the petitioner who was residing in that part of the building, died. Petitioner's wife who was then in the family way suffered a miscarriage. The legal wrangles as to who is at fault and who is liable to the innocent victims, are going on. The questions whether such large-scale stocks of the hazardous chemicals are permissible to be stored in a residential block; whether the storage is regulated by statutory provisions, if not, whether any breach of common law duty has occurred and whether the governmental authorities are liable in damages, arise. Petitioner says that there was a breach of duty on the pan of the officers of Government in not preventing storage of harmful chemicals in a residential block. It is also urged that thehandling of the pesticides by the Cooperative Society was part of "state action" and the State is liable.

(2.) The U. P. Cooperative Union Limited says that it has no responsibility in the matter and the maintenance of safety standards in storage was the primary concern of the Primary Cooperative Society at Garh Mukteshwar. The State government has so far been an unconcerned, silent onlooker of this grim tragedy.

(3.) The fact that the three children and an infant in the womb died on account of negligence in the matter of safe storage of these lethal chemicals is not disputed. We are not a little disturbed that the State of U. P. , which is impleaded here, has taken a neutral stand and has not even chosen to file a counter-affidavit. Petitioner urges that there has been a breach of duty of the officers of government in permitting such storage.