Lg Polymers India Private Limited vs Andhra Pradesh Pollution Control
PETITIONER- LG POLYMERS INDIA PRIVATE LIMITED
RESPONDENT- ANDHRA PRADESH POLLUTION CONTROL BOARD & ORS.
CORAM - HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
HON'BLE MR. JUSTICE VINEET SARAN
INTRODUCTION –
There is an add-on in
industrial accidents due to insufficient management and negligence after the
Vishakhapatnam gas leak. The negligence of LG polymers chemical plant in the
R.R venkatapuram village cost 11 lives and above 1000 people’s health due to
the vapor cloud that affects over the radius of 3Km. This happens because of
operational errors of the management with insufficient maintenance of units
storing the styrene monomer. To compensate the family of the deceased and for
the injured, the Andhra Pradesh govt announced ex gratia of 1,00,00,000 each
family with a budget of 30,00,00,000. The union ministry of environment forest
and climate change has a document stating that the LG polymers plant has been
involved in operating without a valid environment clearance under EIA 2006.
Also, there are findings that state that the plant has been operated through
such practice for the past two decades even though it expanded five times
between 2006 and 2018.
FACTS AND HISTORY OF THE CASE-
The company LG polymers, earlier known as Hindustan polymers, was established in the year
1961 and merged with McDowell holdings in 1978. Again in 1978 acquired by LG Chem a South Korean company that was later renamed LG polymers India.
● Lg polymers Pvt ltd[defendant] on the morning of 7th May 2020 styrene gas was leaked from one of the plants.
● In the area of Gopala Ratnam a resident suspected some uncommon pungent smell and people started feeling dizziness.
● The southern blowing wind helped to identify the accident through residents.
● The accident caused 12 people and 32 animals’ life. Evacuation of the village saved the lives of others still are under 3km of the radius is affected by the gas leak.
● Carcinogenic gas styrene is the main reason for the deaths.
● It is confirmed that the gas leaked through one of the containers of the industry.
● The plant was closed for 43 days due to covid and was about to start the process.
● When the plant was about to start itsoperation the accident happened hence it is evident that this is human error.
● The styrene gas is stored below 20 degrees Celsius but the temperature was not maintained hence the accident happened.
ISSUES RAISED-
The case was first presented to NGT [ NATIONAL GREEN TRIBUNAL] then the defendant appealed to the supreme court on the following grounds-
● Jurisdiction of the tribunal- the defendant had challenged the jurisdiction of the NGT to take up the case suo motu and also direct Lg polymers to pay the compensation when the case is already pending in Andhra Pradesh high court.
● Apart from the jurisdiction of NGT the company also put questions over the high court order to seal the Vishakhapatnam premise and also the factory. The question was raised over the constitutional validity of the order.
ARGUMENTS-
● The National Green Tribunal (NGT) ruled in an order dated 01.06.2020 that it has the required powers to take suo moto cognizance over the environmental matters and it was also observed by the NGT, after examining the report of the committee that an amount of Rs. 50 Crores has to be deposited by LG Polymers Pvt. Ltd. which will be carried off towards part liability and interim compensation.
● The appellant on the other hand submitted that the time available for them to put in their response to the report (28.05.2020 - 01.06.2020) was very less. Since there are a lot of proceedings before different courts and since they are moving further towards challenging the order passed by the tribunal dated 01.06.2020, therefore the directions issued by the tribunal for the appellant to deposit the amount be suspended.
● The appellant further submitted applications that are pending before the High Court of Andhra Pradesh at Amaravathivis-Ã -vis pursuing access to the plant by way of ad-interim relief, seeking directions to clear the leftover stocks at the plant, and seeking directions to de-seal the original sealed record to respond to various queries put by committees.
● The appellant further intended to file another set of applications seeking directions regarding the de-sealing of the LG Polymers plant which was sealed by the orders of the High court of Andhra Pradesh and restoration of the passports of the officials of the company taken away by the concerned authorities.
JUDGEMENT -
The apex court passed the order in favor of the National Green Tribunal observing that there was no significant challenge concerning the order dated 01.06.2020. However, the court also crore compensation for the next 10 days, since the initial order was still under challenge.
passed an ad-interim order to suspend the NGT’s direction issued to LG Polymers to pay Rs. 50 “[1]Though there is no substantive challenge insofar as the order dated 01.06.2020 is concernedbecause the initial order is presently under challenge, we pass ad-interim direction staying the operation of the directions issued by the National Green Tribunal in para
40 of its order dated 01.06.2020 for next ten days.”
Regarding the applications in the high court, the Hon’ble Supreme Court observed that all the applications be disposed of by the high court as early as possible. It was also observed that the first two applications are being looked over by the high court and the third application is yet to be addressed so the apex court ordered the high court to either list the matters before the bench presided by the chief justice of the high court or assign the applications to some other appropriate bench.
“It appears that in first two sets of applications, notices have been issued by the High Court but no notice has yet been issued insofar as an application at Serial No.(c) is concerned. We have also been given to understand that the matters were initially listed before the Bench comprising Hon’ble the Chief Justice and Hon’ble Smt. Justice Lalitha Kanneganti. However, during summer vacation, the matters were listed before some other Bench but the matters could not be heard and disposed of. Now that the High Court has resumed its functioning after summer vacation, we request the Chief Justice of the High Court to either list the matters before the Bench presided over by the Chief Justice or to assign them to any other appropriate Bench so that all the pending applications can be disposed of at an early date.”
Regarding the applications seeking the directions to the plant to be de-sealed and the returning of the passports of the directors of the company back to them, the apex court refused to make any remarks and ordered the high court to dispose of the matters expeditiously.
“Mr. Mukul Rohatgi submitted that the appellant intends to file one more set of applications seeking directions that the plant is de-sealed and the Passports of the Directors which are lying deposited with the concerned authorities be returned to them. We say nothing so far as the merits or demerits of the contentions are concerned. As and when such an application is filed, the same shall be considered on merits.
We request the High Court to dispose of the matters as early as possible and preferably by the end of the next week. List these matters after two weeks before the appropriate bench.”
ANALYSIS-
The Vizag gas leak is not the only such incident that took lives just because of poor maintenance. We have different examples of such cases like the Bhopal gas tragedy. In such cases, the authorities need to come forward and take a stand to stop such accidents. The NGT step to take suomotu cognizance is right in such a direction. The purpose of NGT is to provide relief and compensation to victims of environmental damage, restitution of property, and restoration of the environment backed by its sec 19 that provides power to NGT to regulate itsworking. The high court also took the reasonable step to seal the premise as it is dangerous to keep it open and let it operate after such an incident.
Concerning the SDG 12 and 13 concerning responsible consumption and production, and climate action respectively; the companies need to avoid such incidents and take proper responsibility for any mishap which takes place, and use their resources conscientiously in such a way that it neither hurts nor damages human beings nor the nature and the climate and for looking after such cases it is justifiable for the NGT to have suo motu powers.
BIBLIOGRAPHY-
● Indiankanoon.org. 2021. Lg Polymers India Private Limited vs Andhra Pradesh Pollution Control ... on 15 June, 2020. [online] Available at:
<https://indiankanoon.org/doc/105234574/> [Accessed 20 November 2021].
● https://greentribunal.gov.in/sites/default/files/news_updates/Report%20of%20the%20Joi nt%20Monitoring%20Committee%20in%20the%20O.%20A.%20No.%2073%20of%202
● https://www.thehindu.com/news/cities/Visakhapatnam/visakhapatnam-gas-leak-how-negl igence-and-violations-led-to-a-deadly-disaster/article31761949.ece
[1]Lg Polymers India Private Limited vs Andhra Pradesh Pollution Control Board, MANU/SCOR/30220/2020
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