Appellants: Fertilizers and Chemicals Travancore Ltd. Employees Association and Ors. Vs. Respondent: Law Society of India and Ors. Decided On: 25.02.2004

Fertilizers and Chemicals Travancore Ltd is a public sector undertaking engaged in the manufacturing of chemicals fertilizers. Ammonia, a raw material required by the undertaking were imported in special refrigerated ships and are stored in a storage tank located in Willingdon island.

In a Public Interest litigation filed by the petitioner, Law society of India in Kerala High Court apprehended the devastating catastrophe of exterminating large population of Willingdon island and city dry of Cochin in the event of a major leak in the said ammonia tank. Further the petitioner worried that, in the Willingdon island there is an airport which is in the vicinity of tank and if by chance an air crash take place it would lead to human tragedy. It was further stated that such leakage in existing ammonia storage tank cannot be ruled out and in which event even the fire force, police, navy and district health authorities were not capable to provide adequate safety measures.

The H.C. on examining the possibility of operational failure of the tank and possibility of major leak caused by air crash in the vicinity of the tank or by an act of sabotage or by earthquake directed Fertilizers and Chemicals, Travancore Ltd. to de-commission and empty the ammonia storages tank at Willingdon island within three months.

Aggrieved by the order of the H.C. the Association has come by way of civil appeal before the S.C.

Two questions were come for determination in these civil appeals viz. the location of the tank and structural integrity of the tank. Looking into the technical nature of the issues involved the S.C appointed M/s Engineers India Ltd (in short ‘EIL), New Delhi.

The EIL in its report gave certain measures to be taken by the company and opined that the tank can continue in service in its present condition with a systematic planning, monitoring and improvement in system.

Taking into account the report in its entirety, the court observed that the company has taken all possible measures to avoid accident. Sabotage, attack by terrorists, earthquake etc. apprehended by the petitioner are all unenforceable events. So, the court should while considering this argument needs to strike a balance between existing Utilities which exist in public interest on one hand and human safety conditions on the other hand. In modern times we have nuclear plants which generate electricity. Their structural integrity and their operations are vulnerable to certain risks. However, generation of electricity is equally important and within the prescribe limits Society will have to tolerate existence of such plants. If the arguments of the petitioner are accepted then no such utility can exist, no power plant can exist, no reservoir can exist, no nuclear reactor can exist. We do not discount such risks but we have to live with such risks which is counterbalanced by services and amenities provided by these utilities.

Accordingly the court disposed the appeal in terms of the report of EIL.