Gas leakage incident: NGT sets up fact finding panel to assess damage, compensation

The National Green Tribunal has set up a fact-finding committee headed by former judge of Andhra Pradesh High Court, Justice B Seshasayana Reddy, into the gas leakage tragedy at Vishakhapatnam's LG Polymer India Pvt Ltd that claimed lives of 11 people and leftover two dozens grievously injured.

Taking Suo Motu congnisance of the matter, a bench headed by Tribunal's chairman Adarsh Kumar Goel directed the company to deposit initial amount of Rs 50 crore based on its financial worth for its apparent failure to comply with rules related hazardous substance. The tribunal fixed the amount having considered the prima facie material regarding the extent of damage to life, public health, and environment.

The bench, also comprising judicial member Sheo Kumar Singh and expert member Nagin Nanda, issued notice to Andhra Pradesh State Pollution Control Board, District Magistrate, Vishakhapatnam, Central Pollution Control Board (CPCB), Ministry of Environment, Forests and Climate Change (MoEF&CC) and LG Polymers India Pvt Limited.

The green panel acted on the basis of media reports on Thursday's leakage of hazardous gas, Styrene at the plant of South Korean company, which caused the death of 11 persons and hospitalisation of more than 100 people, of which at least 25 people were reported as serious.

Noting that Styrene gas is a hazardous chemical, the tribunal said, the rules required on-site and off-site emergency plans to ensure prevention of damage.

"There appears to be a failure to comply with the rules and other statutory provisions. Leakage of hazardous gas at such a scale adversely affecting public health and environment, clearly attracts the principle of ‘Strict Liability’ against the enterprise engaged in a hazardous or inherently dangerous industry," it said.

The tribunal said such an entity is liable to restore the damage caused under the Environment Law, apart from other statutory liability.

"The statutory authorities responsible for authorising and regulating such activities may also be accountable for their lapses, if any, in dealing with the matter. It is also necessary to ensure that all necessary steps are taken to prevent recurrence of such an incident," it said, in its order.

The tribunal decided to consider relief and compensation to the victims of “environmental damage”, and restitution of damaged property and environment.

The panel would include Prof Ch V Rama Chandra Murthy, former Vice-Chancellor, Andhra University, Vizag, Prof Pulipati King, Head of Chemical Engineering Department, Andhra University, member secretary, CPCB, and Director, CSIR-Indian Institute of Chemical Technology, Head, NEERI, Vizag.

The committee has been asked to look into sequence of events, causes of failure and persons and authorities responsible, the extent of damage to life, human and non-human, public health, and environment, including, water, soil, air, steps for compensation of victims and restitution of the damaged property and environment, remedial measures to prevent recurrence and any other incidental or allied issues found relevant.