M.N. Venkatachaliah, C.J.,; S.C. Agrawal and; A.S. Anand, JJ.
1. This petition under Article 32 of the Constitution is by the “Bhopal Gas Peedit Udyog Sangathan”, an organisation said to represent a section of the victims of the Bhopal gas leak and seeks to espouse a public cause, that of the victims of the gas leak disaster.
2. It is averred that a scheme for grant of interim relief to the victims of the gas disaster at the rate of Rs 200 per month was sanctioned by the Union Government and the scheme commenced from April 1, 1990. The scheme envisaged payment of interim relief to all the residents of the thirty-six severely affected wards and was to the benefit of those who were actually present in the wards on the night of the occurrence. The scheme, as initially envisaged, was to last for a period of three years which has since run out on March 31, 1993.
3. A supplemental scheme for those who, though said to be eligible, had been left out from the list of beneficiaries in the first scheme, was sanctioned and about one hundred thousand and odd additional beneficiaries were given the same interim maintenance at the rate of Rs 200 per month for a period of three years commencing from March 1, 1992. We are not concerned here with the beneficiaries of this supplemental scheme. The question of the continuance or otherwise of that scheme will arise only after the expiry of three years from March 1, 1992.
4. So far as the beneficiaries of the initial scheme which commenced from April 1, 1990 and expired on March 31, 1993 are concerned, the contention of the petitioner is that the constitutional validity of the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 was upheld by this Court, inter alia, on the assumption of an obligation on the part of the Union Government, implicit in the scheme of the statute, to provide interim relief to the victims till such time as their claims remained unadjudicated. The petitioner says that this legal foundation and justification for the grant of interim relief continues to subsist till such time as the claims of the victims remain undisposed of and — wherever claims are allowed and compensation determined — till actual payments accordingly are made. It is accordingly urged that there should be a direction to the Union Government to continue the scheme for at least a further period of three years as, according to the petitioner, it could reasonably be predicated that the final disposal of the claims would not be completed within the next three years.
5. It is not necessary for us to go into the legal basis and the tenability of the petitioner's claim as, indeed, the purport of the Interlocutory Application Nos. 20-21 of 1993 filed by the Union Government in Civil Appeal Nos. 3187-88 of 1988 is precisely to the same effect. The Union Government seeks to continue the scheme for the benefit of the eligible victims who were actually resident in the said 36 wards of Bhopal on the date of occurrence of the gas leak. This time, however, Government seeks to limit the range of the beneficiaries by excluding the following classes of persons who will not be eligible for the interim relief:
(a) Those who had not filed claims before the Claims Commissioner (except in the case of children where the parents had themselves lodged their claims).
(b) Those who are income tax assessees, wealth tax assessees, payers of sales tax and property tax.
(c) Those who are government servants and employees of public sector undertakings.
(d) As was provided in the initial scheme and in the scheme to be now continued also, interim relief paid would be liable to be adjusted against and deducted from the compensation finally determined.
6. The classes of persons excluded from the interim relief under the scheme now to be continued, however, shall be eligible to have their claims adjudicated in accordance with law.
7. By the Interlocutory Applications Nos. 20-21 of 1993, Government further seeks to withdraw and appropriate a sum of Rs 120 crores each year out of the accrued interest on the Settlement Fund for purposes of meeting the financial obligations for the extended period of the scheme.
8. We have heard Shri Shanti Bhushan, learned senior counsel for the petitioner in the writ petition and Shri V.C. Mahajan, learned senior counsel in support of Interlocutory Application Nos. 20-21 of 1993 (in Civil Appeal Nos. 3187-88 of 1988) filed by the Union of India. We have considered the matter in the light of the submissions of the learned counsel.
9. As prayed for by the Union of India in its Interlocutory Application Nos. 20 and 21 of 1993 in C.A. Nos. 3187-88, we permit Union Government to withdraw and utilise a sum of Rs 120 crores out of the interest earned by the Settlement Fund. For accounting purposes, this sum of Rs 120 crores shall be treated as an advance from the Settlement Fund to the Union Government. The Union Government shall be liable to restore this sum of Rs 120 crores to the Settlement Fund whenever the Fund would require to be replenished therewith for purposes of distribution of compensation.
10. The Union Government, however, shall be entitled to be reimbursed the interim payments made in the cases of those whose claims are ultimately allowed. Sums representing the interim relief shall be deducted from the compensation finally determined and shall be made over to the Union Government. However, amounts spent by the Union Government towards payment of interim relief to persons whose claims are ultimately disallowed, shall not be a charge on the Settlement Fund or interest thereon. Interim relief to those whose claims are ultimately dismissed shall go entirely to the account of the Government of India. Shri Mahajan submitted that the Union Government should be at liberty to recover the interim relief from those to whom it is paid and who, at the end of the day, are found not entitled to any compensation at all. This goes without saying. Indeed, in paragraph 6 of the additional affidavit, it is said:
“Recovery of interim relief paid to those finally not found to be entitled, shall be effected as already stipulated in the scheme for payment of interim relief.”
The Government is at liberty to do so.
11. The scheme for the second phase of three years of interim relief shall commence from June 1, 1993 and not in continuation with the expiry of the previous scheme on March 31, 1993. The payment for the eligible beneficiaries under the scheme as modified in terms of this order shall be made promptly from the month of June 1993 onwards.
12. The writ petition and the interlocutory applications are disposed of accordingly and the Union Government permitted to continue the scheme for interim relief from June 1, 1993 onwards in terms of the conditions stipulated by it and referred to in paragraph 5 supra. It is ordered accordingly.