C.K.Thakker, J. - (1.) THE present two interlocutory applications are filed by the applicants, (i) Bhopal Gas Peedith Manila 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. 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. Notice was issued pursuant to which the respondents appeared. Counter affidavits were filed on behalf of the 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.
(3.) WE have heard the learned Counsel appearing on both the sides. 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 than 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.;