The Andhra Pradesh High Court on Thursday took a suo motu cognizance of Styrene gas leakage case and directed the state government to constitute a committee to monitor the issue and submit a report within a week.
The bench comprising Chief Justice Jitendra Kumar Maheswari & Justice Lalitha kanneganti was hearing the case relating to the incident of leakage of poisonous gas from LG polymers factory at Visakhapatnam on the intervening night of 6th & 7th May.
The bench observed that Styrene being dangerous substance is notified under the provisions of the Environmental Protection Act as per the Rules known as Chemical (Emergency Planning, Preparedness & Response) Rules 1996, Part II in List of hazardous and toxic substances, however whether the provisions of the rules have been complied was subject to enquiry and assessment.
Similarly, under the provisions of Manufacture, storage and Import of Hazardous Chemicals Rules, 1989, styrene being a hazardous chemical, there are certain responsibilities of the occupier during industrial activity, the compliance of which is also subject to inquiry and assessment.
The bench however observed that at present the main concern was to provide medical facilities to the victims looking into the present situation where as per reports 8 persons have died and about 300 have been hospitalized.
The bench was informed that the Central Government has deployed NDRF teams from the states of Gauhati, Goa and Daman and Diu to the State government to take necessary steps. Moreover an expert team has been appointed to study the environmental impact and provide necessary medical facilities to the victims by indulgence of the state government in local hospitals.
The bench directed the State Government to ensure the opening up of the private hospitals in Visakhapatnam area to provide medical aid to those in need. Further, immediate steps to be taken to prevent further leakage of Styrene gas by sprinkling water or other substances.
The bench however pointed out that while taking the necessary relief measures, the Government must ensure social distancing owing the present situation of COVID-19.
It was further clarified that the entire action of Disaster Management Authority is required to be under the supervision of the Chief Secretary of the State. The State Legal Services Authority has been directed to assign officers from District Legal Services Authority, Visakhapatnam to supervise the issue and the Principal District Judge Visakhapatnam is to coordinate with the State officials on the issue.
The bench appointed Senior Advocate Y. R. Ravi Prasad as the Amicus Curiae while posting the matter for further hearing on 20th May, 2020.
-India Legal Bureau