Supreme Court Refuses to Interfere with the Order passed by the NGT in the Vizag Gas Leak Incident

Must Read

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition...

Follow us

On Tuesday, the Supreme Court denied interfering with an NGT order. The order directed LG Polymers to deposit Rs. 50 crores for the destruction caused by a gas leak. This gas leak took place in Visakhapatnam on May 7th. Here, around 12 people were killed and many were critically injured.

 Brief Facts of the Case 

LG Polymers filed a plea against the NGT order. The order directed LG polymers to pay Rs. 50 crores. However, the Supreme Court refused to interfere and denied to issue a notice. A bench constituting of Justices U U Lalit, Mohan M Shatanagoudar and Vineet Saran passed the order:-

“In compliance of NGT order appellant has deposited an amount of 50 crores.”

The bench granted liberty to the appellant to raise arguments before NGT by June 1st.

The National Green Tribunal took cognizance against the gas leak episode. Further, Justice A.K.Goel head of NGT bench and also the chairperson gave an order to LG Polymers. The order directed LG Polymers to deposit Rs.50 crores with District Magistrate, Visakhapatnam.

NGT also asked for the formation of a 5 member committee. This committee was

“To visit and inspect the site at the earliest and submit a report before next date.”

LG Polymers filed a Special Leave Petition, challenging the NGT’s order.

Contentions of the Petitioner 

Senior Advocate Mukul Rohtagi represented the Petitioner. He said that Rs.50 crores have been deposited. That “On 7th May, this gas leak occurred. On 8th May, I was directed to deposit 50 crores. I have deposited the same and I am not raising any concerns about that. My problem is that the NGT has constituted the committee. Now there are 7 committees which have been appointed.”

Rohtagi further stated that the LG Polymers Plant was closed. Yet, NGT appointed the committee to visit the plant three times without any advance notice.

Issues 

Rohtagi raised the following issues: 

  • Can NGT order suo moto proceedings? and 
  • Can they create seven committees instead of one committee?

“NGT has no jurisdiction to take suo moto cognizance of the case,” Rohtagi said. And for this, Justice Lalit asked Rohtagi to prove the same. Rohtagi further questioned about the number of committees required. It was also said that “The Court needs to see which authorities have a role to order these committees.” 

Held 

On Rohtagi’s arguments Justice Lalit said, and finally held that the:

“Incident took place on May 7 and Andhra Pradesh High Court passed an order on the same day. Since the High Court first took action, you may stress upon the NGT that a committee has been formed by a court of constitutional authority. NGT was not aware of these developments when it passed its orders on May 8th. Our interference would be unjust and unfair.”


Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Latest News

SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.

Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.

Allahabad High Court Expresses Dissatisfaction on Counsels Seeking Unnecessary Adjournments

The petition had been filed by Smt. Radha prayed to issue directions to Judicial Magistrate-I in Faizabad. The petition sought a speedy decision in...

[Delhi Riots] When the IT Ministry Calls Us, We Will Go Says Harish Salve To Delhi High Court

The Vice President and Managing Director of Facebook, Ajit Mohan told the Supreme Court that when the representatives of the company are called by the Information Technology Ministry they will come and record their statements.

Allahabad High Court Seeks Response on Compensation of Cutting Trees From National Highways Authority of India (Nhai) 

The Order had come in the form of a Public Interest Litigation (PIL) filed by a bunch of law students in Uttar Pradesh. The...

Doctrine of Proportionality Must Adhere to Reasonableness Principal Test: Madras High Court

Young Men's Christian Association built a commercial complex and leased it without having due permission. The District Collector & Tahsildar issued a show-cause notice...

Delhi High Court Refuses To Stay Release of ‘The White Tiger’ on the OTT Platform Netflix

A plea requesting a stay on the release of the film ‘The White Tiger’ by the American producer, John Hart Jr. alleging copyright violation was rejected by the Delhi High Court on Thursday.

More Articles Like This

- Advertisement -