Gas leak: SC allows LG Polymers to send 30 staffs to maintain safety at its sealed Vizag plant

New Delhi: The Supreme Court on Wednesday allowed LG Polymers India Ltd to send its 30 employees to maintain "round the clock safety measures" at its sealed plant in Visakhapatnam where the gas leak took place on May 7 in which as many as 12 people, including a minor, were killed.

The top court was hearing the appeal of the LG Polymers against the May 22 order of the Andhra Pradesh High Court directing that "the premises of the company shall be completely seized and no one be allowed to enter into the premises including the Directors of the Company."

The High Court had said that nobody, except the members of the committees appointed by the state government, will be allowed to visit the plant and it also ordered that the directors of the firm will not leave the country without its nod.

A bench comprising Justices U U Lalit, M M Shantanagoudar and Vineet Saran took note of the submissions of the company that the complete sealing of plant will have "tremendous adverse consequences and impact" as technical members of the firm were required to be there to ensure that the temperature of the plant does not go beyond 25 degree Celsius which is necessary to maintain safety standards.

"As an ad-interim measure, we permit the petitioner (company) to give a list of 30 personnel as discussed…. Upon such names being given to the District Collector, those persons shall be afforded access to the plant round the clock to maintain adequate safety measures. This ad interim direction will continue till the High Court considers the matter. The High Court may, thereafter, pass appropriate direction," the bench said in its order.

Senior advocate Mukul Rohatgi, appearing for the company, said that at least 28 technical personnel and two administrative officials be given "emergency access to the plant" so that adequate safety measures are undertaken round the clock.

Rohatgi said that earlier the firm had come against an order of the National Green Tribunal (NGT) which had taken note of the gas leak on its own (suo motu) and had ordered payment of interim compensation of Rs 50 crore.

He said the company which was earlier thrown into the "frying pan" was into "fire" now and as many as seven committees have been formed to probe into the gas leak incident.

"The High Court has sealed the plant which is open to the High Court only," he said adding that there are toxic materials.

The apex court said though, it saw "prima facie" force in the submissions of the company, but it would be appropriate for the High Court to hear the matter as it had sought compliance report from the firm on May 26.

"We give liberty to the petitioner (company) to place all these issues and aspects for consideration by the High Court," the order said.

Earlier, the High Court had ordered the seizure of the premises of LG Polymers plant and had barred its employees the entry into the plant.

"The Committee, if any, appointed wants to inspect the premises, they are at liberty but they shall put a note on the Register maintained at the gate of the Company regarding the said inspection and while returning, a note regarding the act done in the premises be also noted," the High Court had said.

It had also directed that none of the assets, movable or immovable, fixture machinery and contents shall be allowed to be shifted without its permission.

"As stated before the Court, the Directors of the Company have surrendered their passport and they are in India, however, we direct that their passports shall not be released without the leave of the Court and they be not allowed to go outside to India without leave," it had said.

As many as 12 people, including a minor, were killed when styrene vapours leaked from the LG Polymerss plant on May 7, while several hundred fell ill after inhaling the poisonous chemical at R Venkatapuram near Visakhapatnam.

The apex court, on May 19, had asked LG Polymers India to approach the National Green Tribunal (NGT) to raise the issue regarding setting up of multiple committees to probe the May 7 gas leakage from its plant in Visakhapatnam.

On May 8, the NGT had slapped an interim penalty of Rs 50 crore on the firm and sought response from the Centre and others in the gas leak incident saying "there appears to be a failure to comply with the said Rules and other statutory provisions".

The tribunal had set up a five-member committee, headed by former Andhra Pradesh High Court judge Justice B Seshasayana Reddy, to probe into the incident in the plant and submit a report before May 18. PTI