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SC notice to Centre on relief to Bhopal gas victims

By J. Venkatesan

NEW DELHI April 7. The Supreme Court has ordered notice to the Central Government on a writ petition seeking a direction to it to disburse over Rs. 1,360 crores to the victims of the Bhopal gas tragedy.

A bench, comprising Justice Shivaraj Patil and Justice Arijit Pasayat, ordered the notice returnable in three weeks on a petition filed by Abdul Samad Khan and 35 others of Bhopal.

Appearing for petitioners, counsel S. Muralidhar contended that over Rs. 1,360 crores was yet to be disbursed by the Government, out of the total compensation of $470 millions it received from the Union Carbide. Also, the compensation awarded had been too meagre compared to the minimum amount contemplated to be paid in terms of the settlement.

Further, many claimants had to wait for over 12 to 18 years after the disaster to receive the compensation without interest.

On the intervening night of 2/3 December, 1984 the worst-ever industrial disaster of the 20th century occurred in Bhopal with the leakage of 40 tonnes of methyl isocyanate and other lethal gases. The leakage resulted in the death of over 4,000 people on the date of disaster itself and the figure had swelled to 16,000 over the years with the victims suffering from the after-effects. Several lakhs, including unborn children, suffered from multiple, systemic injuries.

Petitioners submitted that the present position as per the records of the office of the Welfare Commissioner was that a total of 10,29,431 claims were received up to March 31, 2002 of which 10,29,254 were adjudicated and of these 5,66,786 cases had been awarded compensation to the tune of Rs. 1151.51 crores.

The petition sought a mandamus to the Centre to distribute the remaining amount out of the compensation money retained by it and also ensure payment of interest on the amount of compensation awarded to the victims in individual claims from the date of accident till the date of payment to the claimants at a rate determinable in accordance with the provisions of the Interest Act, 1978.

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