Consumer Show was organized at a place belonging to the State Government v. STATE OF UTTAR PRADESH Nilabati Behera (Smt) alias Lalita Behera (through & Ors.

2.1. The Consumer Show was organized at a place belonging to the State Government, permission was granted by the Additional District Magistrate in consultation with the Superintendent of Police, the State Government had not taken pains to see whether the other F statutory authorities as required under law had granted "No Objection Certificate" or not and also how far the organizers had complied with the directions. The primary obligation of the State was to see whether the preparations made at the place of exhibitions by the G organizers involved any risk or not and whether, there was proper arrangement for extinguishing the fire or not in the covered area. Under these circumstances, there has to be some initial arrangement for payment of compensation by the State awaiting the report from the Commission. [Para 22] [1014-E-G] .H ' SANJAY GUPTA v. STATE OF UTTAR PRADESH 995 Nilabati Behera (Smt) alias Lalita Behera (through the A Supreme Court Legal Aid Committee) v. State .of Orissa and others 1993 (2) SCR 581 = (1993) 2 SCC 746; Union Carbide Corpn. v. Union of India 1991 (1) Suppl. SCR 251 = (1991) 4 SCC 584; Chairman, Railway Board and others v. Chandrima Oas (Mrs.) and others 2000 (1) SCR 480 = B (2000) 2 SCC 465; Sube Singh v. State of Haryana and others 2006 (2) SCR 67 = (2006) 3 SCC 178; Raghuvansh Dewanchand Bhasin v. State of Maharashtra and another 2011 (11) SCR 300 = (2012) 9 SCC 791; Mehmood Nayyar Azam v. State of Chhattisgarh and others 2012 (8) SCR 651 c = (2012) 8 SCC 1; Hardeep Singh v. State of MP. (2012) 1 sec 748 - relied on. Union of India v. Prabhakaran 2008 (7) SCR 673 = (2008) 9 sec 527 - referred to.

2.2. As far as respondents 10 to 12 are concerned, no liability can be fastened under Article 32 of the Constitution of India, and definitely not at this stage. The principle of apportionment also can be thought of only after the Commission's report is received, but, the E victims and the families cannot be left on the lurch. [Paras 12 and 27] [1006-E; 1019-B] D

2.3. Since there has been statutory violations and negligence on the part of the State authorities in not taking due care while granting permission and during the F exhibition was in progress, the Court directs payment of compensation, by way of interim measure, by the State. [Para 27] [1019-C]

2.4. Regard being had to the facts and circumstances G of the case and taking note of the fact that some amount has already been given, it is directed, as an interim measure, that the legal representatives of the deceased shall be paid Rs.5 lakhs more and the seriously injured persons would be paid a further sum of Rs.2 lakhs each, and the persons who have suffered minor injuries w~uld H 996 SUPREME COURT REPORTS (2014] 8 S.C.R. A be paid an additional sum of Rs.75,000/-. The legal representatives of the deceased have been paid certain ex gratia amount and the injured persons have been paid certain amount ex gratia, their identity is known and, therefore, the Additional District Judge shall conduct a ,B summery enquiry only for proper identification and disburse the amount. [Para 27] [1019-C-F]

2.5. The direction to the State Government, at present, is only to see that the victims do not remain in a constant state of suffering and despair. The issue of maintainability C of the writ petition would be addressed after submission of the report. But the organizers cannot be allowed to remain as total strangers in this regard. The organizers should deposit certain amount before the Registry of this Court and regard being had to the said observation, the D respondents 10 to 12 are directed to deposit a sum of Rs.30 lakhs before the Registry of this Court within a period of two months. The said amount shall be kept in a fixed deposit on an interest bearing account. [Para 28] [1020-A-D] E F G

2.6. This arrangement is absolutely interim in nature and without prejudice to the contentions to be raised by the State and the respondent Nos. 10 to 12. [Para 28] [1020-D]