Andhra Pradesh High Court - Amravati
Taken Up vs State Of Andhra Pradesh on 11 November, 2020
Author: J K Maheshwari
Bench: J K Maheshwari
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI oo (Special Original Jurisdiction) | WEDNESDAY, THE ELEVENTH DAY OF NOVEMBER, TWO THOUSAND AND TWENTY :PRESENT: Sc THE HON'BLE THE CHIEF JU STICE SRI JITENDRA KUMAR MAHESHWARI AND THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI I.A.Nos.6 AND 14 OF 2020 IN WP (PIL) NO: 112 OF 2020 1.A.No.6 OF 2020 In Re: Poisonous gas leakage in Visakhapatnam Versus State Of Andhra Pradesh, Rep. by the Chief Secretary, Secretary, Velagapudi, Amaravati Director General of Police, Andhra Pradesh, Mangalagiri, Guntur District Commissioner of Police, Visakhapatnam City Union of India, Rep by the Secretary, Ministry of Industries, New Delhi Union of India, Rep by the Secretary, Ministry of Environment and Pollution, 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 PNIAUNABWY ....Respondents AND M/s. LG Polymers Ltd., LG Polymers Rd, RRV Puram, Naidu Thota, Visakhapatnam, Andhra Pradesh 530029 --..Applicant/Respondent No.8 Counsel for the Petitioner: Sri. Y.V.Ravi Prasad, Amicus Curiae Counsel for the Respondent Nos.1 to 3, 6 & 7: Sri C.Sumon, representing The Advocate General Counsel for the Respondent Nos.4 & 5: Sri N.Harinath, Assistant Solicitor General Counsel for the Respondent No.8: Sri Mukul Rohatgi, Senior Counsel Representing for Sri.D.Narendra Naik 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 permit the the Plant, pending disposal of W.P.(PIL)No.112 of 2020 on the file of the High Court. LA.No.14 OF 2020 LG Polymers Ltd., LG Polymers Rd, RRV Puram, Naidu Thota, Visakhapatnam, Andhra Pradesh 530029, -...Applicant/Respondent No.8 AND . In Re: Poisonous gas leakage in Visakhapatnam Versus - 1. State Of Andhra Pradesh, Rep. by the Chief Secretary, Secretary, Velagapudi, Amaravati Director General of Police, Andhra Pradesh, Mangalagiri, Guntur District Commissioner of Police, Visakhapatnam City Union of India, Rep by the Secretary, Ministry of Industries, New Delhi Union of India, Rep by the Secretary, Ministry of Environment and Pollution, New Delhi The District Collector, Visakhapatnam District The Superintendent, King George Hospital, Visakhapatnam Vw NO ...- Respondents - Sri. Y.V.Ravi Prasad, Amicus Curiae Counsel for the Petitioner: Sri Mukul Rohatgi, Senior Counsel Representing for Sri.D.Narendra Naik . Counsel for the Respondent Nos.1 to 3, 6 & 7: Sri C.Sumon, representing The Advocate General Counsel for the Respondent Nos.4 & 5: Sri N.Harinath, Assistant Solicitor General W.P.(PIL)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. These interlocutory applications and writ petition coming on this day for hearing, upon perusing the Petitions and the affidavits filed in support thereof and the earlier orders of this Court dated 07.05.2020, 22.05.2020, 24.01.2020, 29.05.2020 & 08.10.2020 made herein and upon hearing the arguments of Sri Y.V. Ravi Prasad, Amicus Curiae, for the petitioner, Sri C.Sumon, Government Pleader representing the Advocate General, for the Respondents Nos. 1, 2, 3, 6 and 7, of Sri N.Harinath, Assistant Solicitor General for Respondents No.4 and 5 and of Sti Mukul Rohatgi, learned senior counsel, appearing on behalf of Sri D.Narendar Naik, learned Counsel for Respondent No.8, the Court made the following: ORDER:
Heard on I.A.No.6 of 2020 and I.A.No.14 of 2020. Both these applications have been filed by respondent No.8 seeking a direction for disposal of the raw material, finished material and the packaging material as set out in the Memo of application in the documents.
Sri Mukul Rohatgi, learned senior counsel, appearing on behalf of the respondent No.8 submits that continuous storage of these material pose grave safety risk and challenge in view of exhaustion or near exhaustion of shelf life and consequential depletion in quality of the materials. It is submitted that the existing conditions may be insufficient to maintain these hazardous, volatile and flammable materials and any breach in these conditions may 3 result in fire. Therefore, in the interest of safety and security of the plant, permission is sought to sell or dispose of the raw materials and other inventory stored by the applicant from March, 2020.
A memo has been filed on behalf of the Advocate General stating that they are not able to verify the veracity of averments in relation to expiry and stability of various raw materials mentioned in Annexure A. It is also stated that on the last date of hearing, this Court had permitted the respondent No.8 to remove the expired raw materials under the supervision of the District Collector and store them at a safe place identified by the respondent No.8. But so far, the respondent No.8 has not shown the District Collector any such safe area.
On 05.11.2020, this Court directed that 29 (twenty nine) Cans which are hazardous may be separated under the supervision of the District Collector, Visakhapatnam and be kept in a safe place.
Sri C.Sumon, learned counsel appearing on behalf of the State submits that in disposal of the material under supervision of the Collector, they have no objection, but the amount so received while selling the said material, may be kept intact in Fixed Deposit to pay the compensation for the damage caused due to the said incident.
In view of the above Memo filed today, it is urged that despite an order passed by this Court, the respondent No.8 has not identified any safe place to remove 29 Cans of the expired chemicals. Therefore, it is the respondents, who are not taking any step in the matter.
After having heard the learned counsel appearing on behalf of both the parties, as well as the learned counsel for Central Pollution Control Board, it is a matter of concern of the Court, whether under the orders of the NGT, the team of Experts and pollution control board are examining the issue in close circuit. However, it is necessary that the applicant has to file the list of the finished and un-finished goods along with tentative quantity, their price and the packaging material on or before 17.11.2020. On receiving the said list, counsel for the Central Pollution Control Board, Assistant Solicitor General and the learned counsel appearing on behalf of the State Government shall seek instructions as to whether any sampling of those articles is required in case they are being disposed of on account of seizure of the factory. The said instructions be filed within a period of one week. After production of those material documents and instructions, the case be listed immediately thereafter in the week commencing 23.11.2020.
SD/-K.JAGAN MOHAN DEPUTY REGISTRAR /ITRUE COPY// ~ SECTION OFFICER To, SRL PNAMARWN 13, 14,
15. 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 SPEED POST) One CC to Sri Y.V. Ravi Prasad, Amicus Curiae.(by Mail) 2
- One CC to Sri N.Harinath, Assistant Solicitor General (OPUC)
11.
12. One CC to Sri D.Narendar Naik, Advocate (OPUC) Two CC to the Advocate General, High Court of AP. [OUT] (SPECIAL MESSENGER) Two CC to N. Harinath, Assistant Solicitor General (OPUC) (SPECIAL MESSENGER) Two CC to G.P. for Industries & Commerce, High Court of A.P. [OPUC] Two spare copies HIGH COURT HCJ LKJ DATED: 11.11.2020 NOTE : THE CASE BE LISTED IMMEDIATELY THEREAFTER IN THE WEEK COMMENCING 23.11.2020.
ORDER L.A.NOS.6 &14 OF 2020 IN WP(PIL).NO.112 OF 2020 DIRECTION