Andhra Pradesh High Court - Amravati
Taken Up vs State Of Andhra Pradesh on 8 October, 2020
Author: Jitendra Kumar Maheshwari
Bench: Jitendra Kumar Maheshwari
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY :PRESENT: THE HON'BLE THE CHIEF JUSTICE SRI JITENDRA KUMAR MAHESHWARI THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI WP (PIL) NO: 112 OF 2020 WP (PIL) NO. 112 OF 2020 Between: TAKEN UP, Poisonous gas leakage in Visakhapatnam ... Petitioner AND 1. State Of Andhra Pradesh, Rep. by the Chief Secretary, Secretary, Velagapudi, Amaravati 2. Director General of Police, Andhra Pradesh, Mangalagiri, Guntur District 3. Commissioner of Police, Visakhapatnam City 4. Union of India, Rep by the Secretary, Ministry of Industries, New Delhi 5. Union of India, Rep by the Secretary, Ministry of Environment and Pollution, New Delhi 6. The District Collector, Visakhapatnam District 7. The Superintendent, King George Hospital, Visakhapatnam 8. M/s. LG Polymers Ltd., LG Polymers RD RRV Puram, Naidu Thota, Visakhapatnam, Andhra Pradesh 530029, ... Respondents Writ Petition under Article 226 of the Constitution of India praying to issue a Writ, order or direction, in the nature of Mandamus or any other appropriate writ calling for the records relating to the incident of leakage of poisonous gas form LG Polymers factory at Visakhapatnam at about 2.30 a.m on the intervening night of 06.5.2020/07.05.2020, to direct the Respondents to take all necessary steps for saving the lives of the people in and around the said factory, to provide all necessary medical treatment to the persons who are admitted into various hospitals and to provide necessary facilities to the persons evacuated to safer places and also to issue necessary directions to avoid such incidents in future and to grant other relief/s as the Hon'ble Court may deem fit and proper in the circumstances. IA NO: 2 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to grant leave and permitting the respondent No.8 Company to take out and sell the finished goods / products:i.e. 1505.05 MT of Polystyrene, 2621.12 MT of Expandable Polysterene, and 361.193 MT of Engineered Plastics Compound which were manufactured prior to 24.03.2020 and are presently stored in godowns at the Plant. IA NO: 3 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to lift the seizure order and direct the State to allow ingress and egress of all personnel including the Directors of the Company into the premises of the Respondent No.8 company including to accompany the Members of various Committees during inspection/enquiries. TA NO: 13 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be Pleased to lift the seizure order imposed vide the order dated 22-05-2020 issued by this Hon'ble Court in WP (PIL) No.112 of 2020, WP (PIL) No. 117 of 2020 and WP (PIL) No.119 of 2020. The Writ Petitions coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court order dated 07.05.2020, 22.05.2020, 24.01.2020 & 29.05.2020 made herein and upon hearing the arguments of Sri Y.V. Ravi Prasad, Amicus Curiae, for the petitioner, Sri S.Sriram, Advocate General, for the Respondents Nos. 1, 2, 3, 6 and 7, of Sri Josyula Bhaskar Rao, S.C. for Central Govt., for Respondents No.4 and 5 and of Sri D.Narendra Naik, for Respondent No.8; ORDER:
(taken up through video conferencing) Heard on I.A.No.13 of 2020, which is an application filed by respondent No.8 in taken up W.P.(PIL) No.112 of 2020, for lifting the seizure order, dated 22.05.2020, passed in taken up W.P.(PIL) No.112 of 2020 and W.P.(PIL) Nos.117, 119 and 147 of 2020. Sri S.Ravi, learned senior counsel, representing Sri D.Narendar Naik, learned counsel, appears on behalf of the applicant, and states that in terms of the averments made in paragraph 4 of the counter-affidavit filed on behalf of respondent Nos.1, 2 , 3 and 6 in taken up W.P. (PIL) No.112 of 2020, he has filed a memo, dated 28.09.2020, on behalf of the applicant, specifying the names of 16 personnel, who may be permitted the ingress and aggress to the applicant premises, particularly, to enter into the Accounts Department. Learned senior counsel accordingly, restricts the prayer made in I.A.No.13 of 2020 to the above extent.
After hearing the learned counsel on either side, and considering the fact that all the records are inside the applicant premises and therefore, the applicant is not in a position either to answer the queries raised by various committees or to file affidavits before various Courts and Tribunals, we permit 16 personnel as specified in the aforesaid memo for their ingress and aggress to the applicant premises, particularly, to enter into the Accounts Department.
So far the objection raised by the learned Advocate General representing the State Government regarding watch on those personnel and the safety of the documents in the applicant premises is concerned, video cameras may be fixed by the State Government for that purpose.
In view of the foregoing, the District Collector shall permit the ingress and aggress of 16 personnel as specified in the aforesaid memo to the applicant premises, particularly, to enter into the Accounts Department and he is at liberty to supervise their work confining to the extent stated above, by arranging video cameras. Accordingly, I.A.No.13 of 2020 is ordered.
List this writ petition 'for further orders/final disposal with the consent of the parties, if possible', in the week commencing from 02.11.2020. Let the relevant reports/documents be supplied to each other by the learned counsel on either side, if not already done, by the next date of listing, facilitating the aggrieved parties to come out with their counter-affidavits/objections, if any. Sd/- R. KARTHIKEYAN ASSISTANT REGISTRAR TRUE COPY// He For ASSISTANT REGISTRAR The Chief Secretary, State Of Andhra Pradesh, Secretariat, Velagapudi, Amaravati The Director General of Police, Andhra Pradesh, Mangalagiri, Guntur District The Commissioner of Police, Visakhapatnam City The Secretary, Ministry of Industries, Union of India, New Delhi The Secretary, Ministry of Environment and Pollution, Union of India, New Delhi The District Collector, Visakhapatnam District The Superintendent, King George Hospital, Visakhapatnam M/s. LG Polymers Ltd., LG Polymers RD RRV Puram, Naidu Thota, Visakhapatnam, Andhra Pradesh 530029. (1 to 8 by RPAD)
9. One CC to Sri Y.V. Ravi Prasad, Amicus Curiae (by Mail)
10. One CC to Sri J osyula Bhaskar Rao, S.C. for Central Govt., (OPUC)
11. One CC to Sri D-Narendra Naik, Advocate (OPUC)
12. One CC to Sri S.Ravi, Advocate (OPUC)
13. One CC to Sri S.Sriram, Advocate (OPUC)
14. Two CC to the Advocate General, High Court of AP. [OUT]
15. Two CC to N. Harinath, Assistant Solicitor General (OUT)
16. Two CC to G.P. for Industries & Commerce, High Court of A.P. [OPUC]
17. Two spare copies To, PNAW RWS SRL HIGH COURT HCJ LKJ DATED: 08.10.2020 NOTE : LIST THIS WRIT PETITION 'FOR FURTHER ORDERS/FINAL DISPOSAL WITH THE CONSENT OF THE PARTIES, IF POSSIBLE', IN THE WEEK COMMENCING FROM 02.11.2020.
ORDER WP(PIL).NO.112 OF 2020 DIRECTION