2006 Meerut Fire Tragedy : Supreme Court Fixes Liability 40:60 Liability On State & Organizers To Compensate Victims

Case: Sanjay Gupta & Ors. V. State Of Uttar Pradesh Through Its Chief Secretary & Ors.
Coram: HM Justices Hemant Gupta and HM Justices V Ramasubramanian
Case No.: Writ Petition (Civil) NO. 338 OF 2006
Court Observation:

“The State has paid Rs.2 lakhs each as ex-gratia compensation to the families of the deceased, Rs.1 lakh each for the persons who suffered serious injuries and Rs.50,000/- each for the persons suffering from minor injuries whereas the Union of India has paid ex-gratia compensation of Rs.1 lakh each for the deceased and Rs.50,000/- each for those with serious injuries. In terms of the order of this Court, the State has paid Rs.5 lakhs each to the deceased, Rs.2 lakhs each to the victims suffering serious injuries and Rs. 75,000/- each to the victims 51 suffering minor injuries, apart from the amount paid by the Union of India.”
“The victims or their families visited exhibition on the invitation of the Organizers and not that of the Contractor. The Organizers were supposed to make arrangements for putting up the exhibition hall, providing electricity and water and also the food stalls for the facility of the victims/visitors. They cannot now take shelter on the ground that the Contractor who was given work order on 9.3.2006 was an independent contractor and the victims should seek remedy from him. As observed earlier, the contractor has worked for the Organizers and not for the victims. Hence, the Organizers alone are responsible to protect the life and liberty of the victims.” The court observed. “(1) To find out the facts, causes on account of which the aforesaid accident occurred; (2) To decide the ways and means to keep up the situation in control; (3) In respect of the aforesaid occurrence, determination of liability and the extent thereof; (4) Measures to be adopted to avoid the occurrence of such incident in future.”
“Infringement of Article 21 may be an individual case such as by the State or its functionaries; or by the Organizers and the State; or by the Organizers themselves have been subject matter of consideration before this Court in a writ petition under Article 32 or before the High Court under Article 32 or before the High Court under Article 226 such as Uphaar Tragedy or Dabwali Fire Tragedy.”
“Though the power is to remove any building, tent or structure, or any tree which is in such a condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighborhood, such power could be exercised only after the structure is raised. Thus, in case any structure is raised without the permission of the civil administration, the Organizers could be directed to remove such tent or structure. Therefore, it was a pre-requisite condition for the Organizers to inform the civil administration about the structure which they are putting up for the purpose of exhibition so that the civil administration does not pass an order subsequently for removal of such structure so as to avoid any disruption on account of order which may be passed by civil administration.”

2006 Meerut Fire Tragedy: Judgment by Supreme Court