SC refuses to interfere with NGT's order to probe Vizag gas leakage

The Supreme Court on Tuesday (May 19) refused to interfere with the National Green Tribunal's order, forming a fact-finding committee headed by the former judge of Andhra Pradesh High Court, B Seshasayana Reddy J, to look into Vizag gas leakage tragedy at LG Polymer that claimed lives of 11 people and left, over two dozens critically injured.

Senior advocate Mukul Rohatgi, appearing for LG Polymer, questioned setting up multiple panels including one by the High Court, central government and the NHRC into the matter.

How many panels should examine the matter, he asked.

A bench of Justices U U Lalit, Mohan M Shantanagoudar, and Vineet Saran, however, asked the company to raise the issue first before the green panel on the next date of hearing over there on June 1.

The court kept the special leave petition filed by the company pending for consideration on June 8.

The top court agreed that the questions raised by the petitioner were purely legal since it was related to the issue jurisdiction.

"We will not issue notice but keep it pending. In the meanwhile, the petitioner is granted liberty to approach the NGT and impress upon them with the developments," the bench said.

The company also informed the top court that it had already deposited Rs 50 crore before the green tribunal as per the direction.

The tribunal had on May 8 took Suo Motu cognizance of the incident and constituted the panel into the May 7 leakage of hazardous gas, Styrene at the plant of South Korean company, which caused the death of 11 persons and hospitalization of more than 100 people, of which at least 25 people were reported as serious.

It had also directed the company to deposit an initial amount of Rs 50 crore based on its financial worth for its apparent failure to comply with rules related to hazardous substances. The tribunal had fixed the amount having considered the prima facie material regarding the extent of damage to life, public health and environment.

The panel set up also included 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 was 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.