JAIPUR GOLDEN GAS VICTIMS ASSOCIATION Vs. UOI

JUDGEMENT

(1.) Present writ petition has been filed by petitioner-Association in public interest under Article 226 of the Constitution of India for issuance of an appropriate writ, directin or order inter alia directing respondents to pay victims of Jaipur Golden fire tragedy suitabe amount of como were responsible for Jaipur Golden fire tragedy as well as for implementation of recommendations of earlier committees to prevent future tragedies in Delhi like the Jaipur Golden fire tragedy.

(2.) Ms. Aruna Mehta, learned counsel for petitioner-Association stated that on 4th April, 2004 at about 10.30 p.m. there was a huge fire in the godown of respondent no. 5 at Mitra Wali Gali, Roshnara Road, Delhi. She stated that in the said godown, respondent no. 5 had stored a consignment of rodent killing pesticides which contained Aluminum Phosphate and Zinc Phosphate. She further stated that the officials of respondent no. 5 along with fire brigade officials poured water over the fire in a bid to extinguish it. According to Ms. Mehta, due to pouring of water, Aluminum Phosphate and Zinc Phosphate reacted with water resulting in emission of highly poisonous Phosphine gas which continued to emit till 7th April, 2004. She stated that due to inhalation of the aforesaid gas, about thirty five persons living in the neighbourhood of respondent no. 5s godown were taken unwell and were rushed to the hospital with symptoms of breathlessness, pain in chest, vomiting, diarrhea, nausea and stomach ache. While most of sick persons were admitted in Hindu Rao Hospital for a period of a few days, a 19 years old boy, namely, Akash died in the morning of 7th April, 2004.

(3.) According to Ms. Mehta, subsequently three more persons, namely, Babu Lal (40 yrs.), Ved Prakash @ Raju (25 yrs.) and Poonam (18 yrs.) died due to exposure to chemical gases that were emitted during the fire in respondent no. 5s godown. In the case of Babu Lal, Ms. Mehta referred to the discharge slip prepared by Hindu Rao Hospital wherein it was stated that he had been treated for irritant gas inhalation. She also referred to prescriptions issued by Chest Clinic, Gulabi Bagh to Babu Lal to show that he had been treated for respiratory distress on account of gas inhalation. An affidavit of widow of Babu Lal was also relied upon by Ms. Mehta. In the said affidavit it was stated that though Babu Lal was suffering from initial stages of Pulmonary Tuberculosis, his condition deteriorated due to inhalation of gas that leaked from the godown of respondent no. 5 for a continuous period of four days and he subsequently died on 8th January, 2007.