GYAN PRAKASH Vs. GENERAL MANAGER ORDNANCE FACTORY

JUDGEMENT

(1.) This is a Public Interest Litigation alleging that the mandatory provisions of the Public Liability Insurance Act, 1991 and the Public Liability Insurance Rules, 1991 made thereunder are not being complied with by Respondents 1 to 11.

(2.) The petitioner who claims to be the Founder of the Forum for Traffic Safety and Environmental Sanitation has alleged that a number of fire accidents have taken place in the Ordnance Factories located in the State of Madhya Pradesh. He has alleged that several accidents have also taken place during storage and transportation of arms and ammunition from the said Ordnance Factories to places outside the State of Madhya Pradesh. He has stated that as a result of such accidents, there have been huge losses of life and property. Some of these accidents have been detailed in the Writ Petition and these are accidents, which took place in March 1988 in the Central Ordnance Depot, Jabalpur, in November, 1992 in the Ordnance Factory, Itarsi, in January, 1993 in the Ordnance Factory, Khamariya, in August, 2001 in the Central Ordnance Depot, Jabalpur, in October 2001 in the Ordnance Factory, Khamariya, in November 2001 in the Ordnance Factory, Itarsi, in January 2002 in the Ordnance Factory, Khamariya, in April 2002 in the Ordnance Factory, Khamariya, and in September 2002 in the Ordnance Factory, Khamariya. Some of the accidents during storage of arms and ammunition at places outside Madhya Pradesh as mentioned in the writ petition are in January 2001 in the Sub-Ammunition Depot, Udhasar (Bikaner) Rajasthan, in April 2001 in the Ammunition Sub Depot, Memoon and in the Field Ammunition Depot, Pathankot, in May 2001 in Ammunition Sub-Depot, Bridhwal and the Field Ammunition Depot, Ganganagar, in January 2001 in the Ordnance Depot, Shakurbasti, New Delhi and in 2000-2001 in the Central Ordnance Depot, Bharatpur. The petitioner has alleged in the writ petition that these accidents have taken place on account of the explosion of explosive materials and ammunitions and that in such accidents property worth several crores has been lost. The petitioner has stated that such accident have posed a serious threat to the life and property of the public and his contention is that to cover the risk to the public from such hazardous activities carried on in the Ordnance Factories and Depots, elaborate provisions have been made in the Public Liability Insurance Act, 1991 and the Public Liability Insurance Rules, 1991 made thereunder and to ensure safety for the public, provisions have also been made in the Public Liability Insurance Act, 1991 and the Public Liability Insurance Rules, 1991 for furnishing of information to the Central Government, but these provisions of law are not being complied with by the respondents 1 to 11. The petitioner has, therefore, prayed for appropriate writs/directions to the respondents to ensure compliance with the said provisions of law.

(3.) At the hearing of the writ petition, Mr. B. D'silva learned senior counsel appearing for the respondents Nos. 1 to 12, 16, 17 and 18, raised a preliminary objection saying that the writ petition has not been filed by the petitioner in the public interest but for oblique motive to settle his personal scores. He submitted that the petitioner was working as Charge-man Grade II in the respondent No. 3/Vehicle Factory, Jabalpur, and a disciplinary proceeding was initiated against him and a penalty of compulsory retirement was imposed on him with effect from 27-11 -2001. He submitted that after his compulsory retirement, the petitioner has filed this petition on unsubstantiated allegations and frivolous grounds on account of personal grudge. The petitioner, on the other hand, submitted that he has filed this PIL bona fide to ensure the safety of public through compliance of the Public Liability Insurance Act, 1991 and the Public Liability Insurance Rules. 1991 and Manufacture, Storage and Import of Hazardous Chemical Rules, 1989, as amended by the Amendment Rules, 2000, by the respondents.