This Court on 07.05.2020 suo-motu has taken up the issue regarding leakage of Styrene Gas in Vizag and passed a slew of directions to the respondents and also to file an action taken reports by 20.05.2020. Both the State Government as well as Central Government filed their respective affidavits along with material to show the efforts made by them. In the meantime, two Writ Petitions have been filed bearing W.P.Nos.117 of 2020 and 119 of 2020. In those Writ Petitions, certain issues have been raised. In addition to those issues and having regard to the following issues, the explanation is necessary:
- Â LG Polymers has been operating without a valid Environmental Clearance from the Ministry of Environment, Forests, and Climate Change (MoEFCC).
- Â Dr.EASSarma (Former Energy Secretary/GOV who filed a PIL in AP High Court over this issue, has included the report prepared by the duo (SagarDhara and K Babu Rao).
-  The inhibitor concentration in the storage tank was not checked The Refrigeration system was not working properly. • The radius of the vulnerable zone extended up to 6.3 Km from the source.
- There are several hospitals, educational institutions, places of worship, railway stations, and airport within the vulnerable zone.
- Â The bystander population should have been informed of the risk they were at and trained in evacuation procedures in the event of an accident as per Manufacture, Storage, and Import of Hazardous Chemicals Rules, 1989. But, this has not been done.
- Â The siren/alarm system did not function.
The replies filed by the State Government and Central Government are silent on the said issues.
The Advocate General and the counsel appearing on behalf of the Assistant Solicitor General prays for time to appraise this Court and to file an affidavit on the above said queries. Further, the reply is also necessary on the following issues:
- Â What is the net worth of LG Polymers Pvt. Ltd., as per the provisions of the Companies Act, but not as per the book value.
- After registration of crime, on the appointment of the investigation/inspection team and also when Magisterial inquiry was required, why, without the appointment of the said panel or permission of the Court, Styrene Monomer has been permitted to be transported to South Korea and who is the person responsible for the same?
After hearing the learned counsel appearing on behalf of both the parties, subject to filing reply by another side, we issue the following interim directions:
- The premises of the Company shall be completely seized and no one is allowed to enter the premises including the Directors of the Company.
- 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.
- Â We further direct that none of the assets, movable or immovable, fixture, machinery, and contents shall be allowed to be shifted without the leave of the Court.
- 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 leaving.
- Â It be also apprised whether, during the lockdown period, any permissions were obtained to restart the operations; if not, action taken report in this regard be filed.
- In regard to the grievance shown regarding the appointment of various Committees by the National Green Tribunal, Central Government, and State Government; the Central Government and State Government are at liberty to apprise as to which Committee shall fulfill the purpose to answer all the quests in the issue.
We direct the respondents to file the compliance report by 26.05.2020. List these cases on 28.05.2020.
