Explain why appointed committees should not probe Vizag gas leak, SC to LG Polymers

The Supreme Court has asked LG Polymers to approach the NGT to raise its arguments over the appointment of a committee to probe the Vizag gas leak accident. Senior advocate Mukul Rohatgi appearing for the LG Polymers had raised objection over the appointment of seven committees including one by NGT to probe the gas leak incident instead of one.

Visakhapatnam: The Supreme Court bench led by Justice UU Lalit asked LG Polymers today to raise its arguments over the appointment of committee to probe the Vizag gas leak accident, before NGT on June 1st when the matter is listed there and adjourned the case for the top court to hear on 8th June. The bench said that the matter is already pending in the NGT and the petitioner shall impress upon the NGT of the developments regarding the case.

Senior Advocate Mukul Rohatgi appearing for the LG Polymers raised the objection over appointment of seven committees including one by NGT to probe the gas leak incident instead of one. He raised two legal issues, one whether the NGT can order suo moto proceedings and secondly substantive thing will have to one committee instead of seven.

He clarified that the company did not want a stay but wanted a decision over NGT's jurisdictions and which authorities have the role to order these committees. Further he informed the court that the amount of 50 crores which NGT had ordered it to pay has already been paid on time and NGT ordered formation of committee on 8th May.

Responding to the arguments by Rohatgi, the bench said that incident occurred on 7th May and immediately the HC passed an order. So far the NGT, was not aware of these developments when it passed the order on 8th May and it would be unfair on the SC's part to injuct.It said that jurisdiction of NGT will be dealt with later on and presently the petitioner should approach the NGT and raise its arguments over there.

"Since the matter is seized with the NGT, we grant liberty to raise arguments before NGT when it is listed on June 1," ordered the bench.

On 8th May the NGT had directed LG Polymers to pay Rs 50 crores for the damages caused by the gas leak in Vizag. It also constituted a five-member committee headed by former Andhra Pradesh High Court Judge, B Seshasayana Reddy, to probe the matter and submit a report on it to NGT. LG had moved to the apex court challenging the NGT's order.

On 15th May, the committee conducted its enquiry and visited the plant, talked to company officials, South Korean expert team and inspected the tank from which the gas leaked.