Communist Party Of India vs The Union Of India - Order(1) - Unknown Date

HIGH COURT OF ANDHRA PRADESH : AMARAVATI

MAIN CASE: WP(PIL).No.112 of 2020, WP(PIL).No.117 of 2020, WP(PIL).No.119 of 2020 and WP (PIL).No.147 of 2020

Sl.<br>No.	DATE	ORDER	OFFICE<br>NOTE
	06.04.2021	(Taken up through video conferencing)
		Heard Mr. Mukul Rohatgi, learned senior counsel
		appearing along with Mr. Anuj Berry, learned counsel, for LG
		Polymers<br>India<br>Private<br>Limited,<br>respondent<br>No.8<br>in
		W.P.(PIL).No.112 of 2020.
		Also<br>heard<br>Mr.<br>C.<br>Sumon,<br>learned<br>Government
		Pleader attached to the office of the learned Advocate
		General, Mr. N. Harinath, learned Assistant Solicitor General,
		Mr. Y. Srinivasa Murthy, learned standing counsel for Central
		Pollution Control Board, Mr.<br>V. Surendra Reddy, learned
		stand<br>counsel<br>for<br>A.P.<br>Pollution<br>Control<br>Board,<br>and
		Mr. Josyula Bhaskara Rao, learned standing counsel for
		Central Government.
		Mr.<br>Ch.<br>Markondaiah,<br>learned<br>counsel<br>for<br>the
		petitioner in W.P.(PIL).No.117 of 2020, Ms. Avanija, learned
		counsel<br>representing<br>Mr.<br>Sai<br>Sanjay<br>Suraneni,<br>learned
		counsel for the petitioner in W.P.(PIL).No.119 of 2020, and<br>Ms. Alekhya, learned counsel representing Mr. P.B. Vijay
		Kumar, learned counsel for the petitioner in W.P.(PIL)
		No.147 of 2020, are present.
		Though Mr. Y.V. Ravi Prasad, learned senior counsel
		appointed as amicus<br>curiae, is present, there is some
		connectivity problem at his end.
		Relying on averments and prayers made in I.A.Nos.5,
		6 and 14 of 2020 in W.P.(PIL).No.112 of 2020, Mr. Mukul
		Rohatgi prays that permission be granted to respondent
		No.8 to sell raw materials and other inventory which are in
		the sealed premises of respondent No.8. He has submitted
		that apart from the above, a Memo dated 17.11.2020 is also
		filed enclosing details of finished goods as well as details of
		packing materials, stored at the premises of respondent

PROCEEDINGS SHEET

Sl.<br>No.	DATE	ORDER	OFFICE<br>NOTE
		No.8. He has submitted that although the total number of
		items in the inventory as annexed with I.A.No.14 of 2020
		and Annexure-A to the Memo dated 17.11.2020 do not
		match, the same is on account of the fact that certain items
		have<br>been<br>clubbed<br>together<br>and<br>for<br>the<br>purpose<br>of
		consideration of these applications, Annexure-A to the Memo
		dated 17.11.2020 may be taken as the final list of inventory
		available at the sealed premises of respondent No.8.
		Learned<br>senior<br>counsel<br>submits<br>that<br>unless<br>the
		materials are allowed to be sold, given their hazardous,
		volatile and flammable nature, they may result in fire,
		explosion or leakage of hazardous gasses/ substances.<br>He
		has submitted that for the purpose of making arrangement
		for sale of the materials, respondent No.8 would give a list
		of employees to the District Collector, Visakhapatnam, so
		that they can enter the sealed premises and undertake
		preliminary work. His further submission is that the sale(s)
		may be allowed to be conducted, subject to approval of such
		authorities as may be considered appropriate by this Court.
		It is also contended by him that proceeds of the sale may be
		allowed to be retained by respondent No.8, as a sum of
		Rs.50.00 crores is already lying in deposit with the National
		Green Tribunal.
		On a query of the Court, Mr. Anuj Berry assisting
		Mr. Mukul Rohatgi has submitted that the goods lying in the
		sealed factory premises may, at the most, fetch an amount
		of Rs.40.00 to 45.00 crores but since there is lapse of
		considerable period of time, such value might have further
		diminished.
		Mr. C. Sumon, learned Government Pleader appearing
		for the State, submits that while there is no objection for the
		sale to be conducted, it is essential that the same has to be
		under the supervision of competent authority and he has
		submitted that this Court may consider constitution of a
		Committee with the Joint Chief Environmental Engineer, who
		is also the Zonal Officer at Visakhapatnam under the A.P.
		Pollution Control Board, Joint Chief Inspector of Factories,

Sl.<br>No.	DATE	ORDER	OFFICE<br>NOTE
		Visakhapatnam, and Deputy Chief Controller of Explosives,
		Petroleum<br>and<br>Explosives<br>Safety<br>Organization,
		Visakhapatnam, which would permit, on such terms and
		conditions, sale of the materials lying in the sealed premises
		of respondent No.8. He has also contended that apart from
		submitting a list of persons of respondent No.8 for entry into
		the sealed premises, respondent No.8 shall have to submit a
		list of persons on behalf of the prospective buyers, as and
		when<br>they<br>are<br>identified,<br>to<br>the<br>District<br>Collector,
		Visakhapatnam, seeking approval for their entry into the
		sealed premises.
		On<br>the<br>submission<br>of<br>Mr.<br>C.<br>Sumon<br>regarding
		constitution of the Committee for the purpose of supervision
		of the sale, Mr. Mukul Rohatgi has submitted that he will
		have no objection to the said submission.
		Opposing the prayer made by Mr. Mukul Rohatgi that
		the proceeds of the sale may be allowed to be retained by
		respondent No.8, Mr. C. Sumon submits that in the facts and
		circumstances of the case, it will be appropriate that sale
		proceedings are kept by way of fixed deposit in the name of
		the District Collector, Visakhapatnam, so that as and when
		required for payment of compensation, some amount of
		money is readily available. In this connection, he has
		submitted that selling of immovable property for the purpose
		of payment of compensation involves many difficulties and,
		therefore, it is essential that liquid money is readily available.
		We have considered the submissions of the learned
		counsel for the parties.
		This Court, by an order dated 22.05.2020, amongst
		others, had directed that none of the assets, movable or
		immovable, fixture, machinery and contents shall be allowed
		to be shifted from the sealed premises without the leave of
		the Court. The present prayers are made essentially to seek
		modification of the said direction or to seek leave for the
		purpose of sale of inventory as indicated in Annexure-A to
		the Memo dated 17.11.2020.

Sl.<br>No.	DATE	ORDER	OFFICE<br>NOTE
		In the order dated 11.11.2020, it was recorded that
		the learned counsel for the Central Pollution Control Board,
		learned Assistant Solicitor General and the learned counsel
		appearing on behalf of the State Government may seek
		appropriate instructions as to whether any sampling of the
		articles which are proposed to be disposed of are required to
		be retained.
		On<br>a<br>query<br>of<br>the<br>Court,<br>it<br>is<br>submitted<br>by
		Mr. C. Sumon that samples had already been collected and,
		therefore, there is no necessity to keep any further samples
		of the items in the list of inventory.
		Considering the submissions of the learned counsel
		for the parties and keeping in view the fact that it may be
		hazardous to keep the goods in the sealed factory premises,
		as contended, we deem it appropriate to permit the sale of
		inventory as indicated in Annexure-A to the Memo dated
		17.11.2020, subject to the following directions:
		1) Respondent No.8 may submit a list of employees
		for the purpose of entry into the sealed premises of
		respondent No.8 for undertaking preliminary works relating
		to the sale of inventory as indicated in Annexure-A to the
		Memo<br>dated<br>17.11.2020,<br>to<br>the<br>District<br>Collector,
		Visakhapatnam.
		2) In the event of finding prospective buyers, if such
		prospective buyers want to inspect the items lying in the
		sealed premises, list of such persons on behalf of the
		prospective buyers may be submitted before the District
		Collector, Visakhapatnam, for his approval.
		3)<br>A Committee is constituted with the Joint Chief
		Environmental Engineer (Zonal Officer at Visakhapatnam
		under the A.P. Pollution Control Board), Joint Chief Inspector
		of Factories, Visakhapatnam, and Deputy Chief Controller of
		Explosives, Petroleum and Explosives Safety Organization,
		Visakhapatnam,<br>for<br>the<br>purpose<br>of<br>permitting<br>sale<br>of
		inventory, as indicated in Annexure-A to the Memo dated
		17.11.2020, lying in the sealed factory premises, subject to
		such terms and conditions, as may be imposed by them.

Sl.<br>No.	DATE	ORDER	OFFICE<br>NOTE
		4)<br>The District Collector and the members of the<br>Committee so constituted shall render necessary assistance<br>during the entire process.<br>5)<br>The sale proceeds should be deposited before the<br>District Collector, Visakhapatnam, who will keep the same in<br>a fixed deposit in the name of the District Collector. Ordered<br>accordingly.<br>As agreed upon, list these cases again on 27.04.2021,<br>printing the name of Mr. Y. Srinivasa Murthy, learned<br>standing counsel for the Central Pollution Control Board.
		ARUP KUMAR GOSWAMI, CJ<br>C. PRAVEEN KUMAR, J<br>IBL

Sl.	DATE	ORDER	OFFICE
No.			NOTE

Sl.<br>No.	DATE	ORDER	OFFICE<br>NOTE

Communist Party Of India vs. The Union Of India

AI Summary

Order Issued After Hearing

Original Order Copy

Order Text

HIGH COURT OF ANDHRA PRADESH : AMARAVATI

MAIN CASE: WP(PIL).No.112 of 2020, WP(PIL).No.117 of 2020, WP(PIL).No.119 of 2020 and WP (PIL).No.147 of 2020

PROCEEDINGS SHEET

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