Bhopal Gas Tragedy: Supreme Court rejects Centre’s plea for hike in compensation

New Delhi, March 14

The Supreme Court on Tuesday dismissed the Centre’s 2010 curative petition seeking an additional Rs 7,844 crore from the successor firms of Union Carbide Corporation (UCC) for enhanced compensation to the victims of the 1984 tragedy that claimed more than 3,000 lives and damaged the environment.

“Reopening the issue will only open a Pandora’s box and will be detrimental to the claimants,” a five-judge Bench headed by Justice Sanjay Kishan Kaul said, rejecting the Centre’s petition.

“We are not satisfied with the Union of India for not furnishing any rationale for raking up this issue after two decades,” said the Bench, which also included Justice Sanjiv Khanna, Justice Abhay S Oka, Justice Vikram Nath and Justice JK Maheshwari. However, it directed that Rs 50 crore deposited with the RBI should be utilised by the Centre to settle any pending claims.

Pointing out that it was the Centre’s stand that all claims had already been adjudicated, the Bench said a settlement could be set aside only on the ground of fraud and no such ground had been pleaded by the government.

The top court, which had reserved its verdict on the Centre’s curative petition on January 12, faulted the Central Government for not taking out insurance policies as directed by it. “The responsibility was on the Union of India to make good the deficiency in the compensation. The failure to take insurance policies is gross negligence on the part of Union Government and in breach of the judgment of this court. The Union (of India) cannot be negligent on this aspect and seek a prayer from this court to fix responsibility on the UCC,” it said. — TNS

Wants Rs 50 crore fund utilised

• The SC said Rs 50 crore deposited with the RBI should be utilised for any pending claims
• The Centre sought an additional Rs 7,844 crore from the successor firms of Union Carbide Corporation
• Reopening the issue would only open a Pandora’s box and will be detrimental to the claimants, the SC said