22 February 2024 Environment Protection >> Environmental Law  

The Bombay High Court has dismissed a writ petition filed by Hikal Ltd., a company embroiled in a gas leak incident that occurred in Surat, India. The incident tragically resulted in the deaths of six people and injuries to around twenty others.

Facts:

• The National Green Tribunal (NGT) took suo motu (on its own initiative) cognizance of a newspaper report regarding a gas leak incident that occurred in an industrial area located in Surat, India.
• The aforementioned gas leak resulted in the unfortunate demise of six individuals and caused injuries to approximately twenty others.
• Hikal Ltd., a party involved in the case, challenged the jurisdiction of the NGT to adjudicate the matter. Their primary contention was that the incident did not transpire within the territorial jurisdiction of the NGT.
• Hikal Ltd. further argued that they should not be held liable to compensate the victims of the gas leak owing to the aforementioned jurisdictional grounds.

Conclusions:

• The Hon’ble Bombay High Court ultimately declined to entertain the writ petition filed by Hikal Ltd., citing the doctrine of forum non conveniens. This doctrine essentially implies that a court may decline to exercise jurisdiction over a case if it determines that another forum is a more suitable venue for the adjudication of the dispute, considering factors such as the convenience of the parties and the witnesses, as well as the connection of the cause of action to the alternative forum.
• The Court determined that the NGT did not commit any errors in exercising its jurisdiction by taking suo motu cognizance of the gas leak incident.
• It is crucial to note that the Hon’ble Bombay High Court's observations regarding the merits of the case were solely made for the purpose of reaching a decision on whether to entertain the writ petition and do not prejudice the rights of any party involved in the legal proceedings.