Case: Bhopal Gas Peedith Mahila Udyog Sanghathan & Another Vs. Union of India

C.K. Thakker, J. 1. The present two interlocutory applications are filed by the applicants, (i) Bhopal Gas Peedith Mahila Udyog Sanghathan (BGPMUS for short) and (ii) Bhopal Gas Peedith Sangharsh Sahayog Samiti (BGPSSS for short) inter alia praying to re-examine the inadequacy of Bhopal Gas Settlement; to direct Union of India to compensate the Settlement Fund five times the initial fund; to order the Reserve Bank of India to provide detailed information on management and utilization of the Settlement Fund by rendering faithful accounts relating to withdrawal of funds by Welfare Commissioner; to command Welfare Commissioner, Bhopal to provide complete information regarding process of identification and categorization of gas victims and the manner of disbursement of compensation to them; to rectify the methodology in the process of identification and categorization of gas victims and the manner of disbursement of compensation of amounts by enhancing compensation appropriately. 2. The case relates to Bhopal Gas Tragedy. On December 2, 1984, there was a massive escape of lethal gas from a storage tank at Bhopal Plant of the Union Carbide (India) Ltd. resulting in large scale of deaths, injuries to several persons and destruction of properties, livestock, etc. Several suits were filed for compensation and damages in different Courts in India as also in the United States. Prosecution had also been launched. Ultimately, however, a settlement had been arrived at between the Union of India and the Union Carbide. The Union of India agreed to withdraw all cases and claims against the Union Carbide and its officers. For the said purpose, Parliament also enacted an Act known as the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 which empowered the Union of India to take over the conduct of all litigation in regard to claims arising out of gas disaster and to award compensation to the victims and affected persons. 3. According to the applicants, BGPMUS is an organization formed by the Bhopal Gas Victims in 1986. Likewise, BGPSSS is an association constituted in 1989 by a coalition of over 20 voluntary organizations of Scientists, Lawyers, Teachers, Artists, Journalists, Workers, Women, Students, Youths etc. The object of these two organizations is to support the struggle of the Bhopal Gas Victims for justice. Both the organizations have consistently championed the cause of Bhopal Gas Victims by seeking medical/economic/social relief and also payment of adequate compensation. It was stated in the applications that several steps were taken by the organizations so as to provide Bhopal Gas Victims and their families benefits to which they were entitled. Reference was made to various orders passed by this Court from time to time and it was stated that neither all eligible victims had been identified and ascertained nor adequate compensation had been paid to them. It was also alleged that though many persons lost their lives and several others injured, the number of cases in which compensation had been awarded under the head death (category 04) were very small. Likewise, compensation awarded to persons who sustained injury (category 01) were also showed to be less and several others had not been paid any amount whatsoever. It was asserted that the magnitude of the disaster in case of death as also injury was at least five times larger than what was assumed at the time settlement had been reached. It was, therefore, prayed that appropriate directions be issued so that all Bhopal Gas Victims may get compensation as gas victims/affected persons. 4. Notice was issued pursuant to which the respondents appeared. Counter affidavits were filed on behalf of Union of India contesting the applications. It was, inter alia, contended that the applications were based on assumptions, surmises and conjectures and on misreading of judgments of this Court. According to the respondents, the applicants are trying to reiterate and reopen the issue as to compensation which had been settled with the Union Carbide Corporation (UCC) and the Union of India and this Court had approved the said settlement. Even adequacy of amount of compensation has been finally decided by this Court. The applications, therefore, are liable to be dismissed. Further affidavits were also filed by the parties. 5. We have heard the learned Counsel appearing on both the sides. 6. The learned Counsel for the applicants contended that the applications deserve to be allowed on the ground that there were many more deaths under category 04 than what was shown by the respondents and compensation had been paid. In the same manner, injuries were sustained by several persons that to whom compensation had been awarded under category 01. For the said purpose, attention of the Court was invited to the figures which had been placed on record. Reference was also made to 2003 (Annual Report published by the Bhopal Gas Tragedy (Relief and Rehabilitation) Department. Reliance was placed on an order dated July 19, 2004 passed by a two-Judge Bench of this Court and an order dated August 23, 2006 passed in the present applications. It was submitted that when authentic figures are available as to death and injury cases, appropriate directions may be issued to the Union of India to pay compensation to gas victims under both the heads i.e. death (category 04) and injury (category 01). It was also submitted that such payment must be made in US Dollars and not in Indian Rupees since the settlement was with a Foreign Company and the amount had been paid in US Dollars. Since the victims had not been paid their legal dues, the applicants were constrained to approach this Court by filing the present applications. 7. The learned Additional Solicitor General, on the other hand, submitted that from 1989 onwards, several orders had been passed by this Court from time to time. A Scheme was framed in exercise of statutory power which provided for processing of claims and in accordance with the procedure laid down therein, claims had been adjudicated and payment of compensation had been made. It was also stated that even now, if the applicants feel that the cases of death category 04) or of personal injury (category 01) are more, a remedy available to the victims is not to approach this Court by filing writ petitions or Interlocutory Applications, but to invoke the Scheme and to get the claims adjudicated. It was, therefore, submitted that the applications are liable to be dismissed.

Decision:
1[ds]n of settlement or inadequacy of amount is concerned, in our opinion, it cannot be done as the said issue has already been decided by this Court. In this connection, we may refer to a decision of a Constitution Bench of this Court in Union Carbide Corporation v. Union of India & Others, I (1989) ACC 376 (SC)=(1989) 1 SCC 674 . In that case, after careful consideration of the facts and circumstances of the case, the Court held the case to bey fit for an overall settlement between the parties covering all litigations, claims, rights and liabilities related to and arising out of the disaster. The Court, therefore, passed the following order observing that it was just, equitable and reasonable(1) The Union Carbide Corporation shall pay a sum of U.S. Dollars 470 millions (Four hundred and seventy Millions) to the Union of India in full settlement of all claims, rights and liabilities related to and arising out of the Bhopal Gas disaster(2) The aforesaid sum shall be paid by the Union Carbide Corporation to the Union of India on or before 31st March, 1989(3) To enable the effectuation of the settlement, all civil proceedings related to and arising out of the Bhopal Gas disaster shall hereby stand transferred to this Court and shall stand concluded in terms of the settlement, and all criminal proceedings related to and arising out of the disaster shall stand quashed wherever these may be pending19. From what we have stated hereinabove, it is abundantly clear that this Court has streamlined the claims arising out of Bhopal Gas Tragedy Disaster. Precisely to deal with the cases of Bhopal Gas Tragedy that an Act has been enacted, a Scheme has been framed under the Act and the Procedure has been laid down. They have been held to be constitutional and intra vires. Any person lodging a claim is required to make an application and a duty is cast on the authority to take an appropriate decision on the basis of the Scheme and Guidelines. Such adjudication has been heldl in nature subject to appeal, revision and judicial review before the High Court under Articles 226 and 227 and even thereafter before this Court under Article 136 of the Constitution. Since the consideration of claim and adjudication thereof require determination of facts, the Court ruled that it must be done in accordance with the Scheme, Guidelines and Procedure under the Act and not in any other manner. So far as compensation is concerned, this Court has held that it should be in Indian currency and even under the Scheme, such amount is fixed in Indian Rupees. We, therefore, see no grievance now can be made on that issue20. The learned Additional Solicitor General stated that several false and vexatious claims under category 04 (death) and category 01 (injury) had been lodged. It would not be appropriate for this Court to express any opinion one way or the other, particularly in the light of the decisions of Larger Bench of this Court referred to hereinabove. If any person claims that he/she is adversely affected by Bhopal Gas Tragedy Disaster, he/she is at liberty to take appropriate steps as suggested by this Court in the above cases but not in any other manner.