IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 22ND OCTOBER 2009 / 30TH ASWINA 1931 OP.No. 30817 of 2000(S) ------------------------------------- PETITIONER: --------------------- ANTONY CHADAYAMMURI CHAMMILYPARAMBIL ROAD EDAPPALLY COCHIN BY ADV. SRI.K.RAMESH RESPONDENTS: ------------------------- 1. UNION OF INDIA REP BY SECRETARY OF ENVIRONMENT AND FORESTS DEPT OF ENVIRONMENT FORESTS AND WILD LIFE PARYAEAN BHAVAN C.F.O.COMPLEX, LODHI ROAD, NEW DELHI-110 003. 2. THE FERTILIZERS AND CHEMICALS TRAVANCORE LIMITED REP BY ITS CHAIRMAN AND MANAGING DIRECTOR UDYOGAMANDAL 683 501 3. CENTRAL POLLUTION CONTROL BOARD CBD CUM OFFICE COMPLEX EAST ARJUN NAGAR, NEW DELHI 4. STATE POLLUTION CONTROL BOARD PATTOM, TRIVANDRUM 5. CHAIRMAN COCHIN PORT TRUST, COCHIN ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE FOR R4 SRI.K.THANKAPPAN, ADDL.CGSC FOR R1 MENON & PAI ASSOCIATES FOR R2 SRI.E.K.NANDAKUMAR FOR R2 SRI.P.HARIDAS, ADDL.CGSC FOR R1 SRI.BABU JOSEPH KURUVATHAZHA,SC,POLU.C. FOR R4 SMT.S.AMBIKA DEVI, ADDL.CGSC FOR R1 SRI.M.K.CHANDRAMOHAN DAS FOR PCB THIS ORIGINAL PETITION HAVING BEEN FINALLY ON 22/10/2009, ALONG WITH OP NO. 11861 OF 1995, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 30817 of 2000(S) APPENDIX PETITIONER'S EXHIBITS: Ext.P1: Copy of the clearance dated 30th January 1991 of Respondent NO.1 along with the T.N.O. Risk Analysis Report. Ext.P2: True copy of the table. Ext.P3: True copy of the paper report. Ext.P4: True copy of the paper report. Ext.P5: True copy of the letter by the 1st respondent. Ext.P6: True copy of the news report appeared in Malayala Manorama daily dated 29-1-2001. RESPONDENT'S EXHIBITS: Ext.R(a): True copy of the clearance letter of the Ministry of Environment, dated 30-1-1991, No.J.11011/24/89-I-II. Ext.R2(b): True copy of the licence dated 4-4-1988 licence No.GC(SC)F- 7/KL/KL 264/CY/F. Ext.R2(c): True copy of the licence dated 13-12-1989 licence No.GC(SC)F- 7/KL/KL 326/Cy/F. Ext.R2(d): True copy of the purchase order (Contracts)No.C 4011/MAJ dated 29-3-1988 issued by the 2nd respondent. ext.R2(e): True copy of the purchase order (Contracts)No.04388 dated 14-7- 1990 issued by the 2nd respondent. Ext.R2(f): True copy of the licence dt.18-2-1988 licence No.PV(SC)T-20/KL. Ext.R2(g): True copy of the letter dated 13-1-2000. Ext.R2(h): True copy of the Work Order dated 18-12-1996 issued to the Transport Contractor-Ref.REV/COM/CWA/96/109. Ext.R2(i): True copy of the Fax message dated 28-10-1997. Ext.R2(j): True copy of the letter dated 31-12-1999 issued by the Madras Fertilisers Ltd. to KRT Carriers. Ext.R2(k): True copy of the letter dated 0-5-1999 issued by Indian Petrochemical Corporation Ltd. to Jayson Chemicals Industries. Ext.R2(l): True copy of the letter dated 2-9-1999 of the Government of India No.19057/45/98-FCA III. OP.No. 30817 of 2000(S) :: 2 :: Ext.R2(m): True copy of the letter dated 12-1-2000 No.DNT:psp:99/F-7. Ext.R2(n): True copy of the Report from the 2nd respondent dated December 1997. Ext.R2(o): True copy of the Communication dated 2-6-2000 from the Govt, of India to the 2nd respondent No.J.11011/24/89-IA II. Ext.R2(p): True copy of the Contingency Plan from the 2nd respondent. Ext.R2(q): True copy of the contingency plan approved by the District Collector, Ernakulam to the 2nd respondent, dated 4-8-2000 No.M2- 35495/2000. Ext.R2(r): True copy of the Table of Ammonia: Relationship between temperature, Vapour Pressure, Liquid Density & Vapour Density. Ext.R2(s): True copy of the order dated 3rd February 2004 issued by Government of India, Ministry of Environment and Forests. // True copy // P.A. to Judge S.R.BANNURMATH, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - O.P.Nos.11861 OF 1995 & 30817 OF 2000 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of October 2009 JUDGMENT A.K.BASHEER, J. These two original petitions which have been filed professedly in public interest, raise a common issue relating to transportation of ammonia from the premises of Fertilizers and Chemicals Travancore (FACT) at Udyogamandal to Ambalamedu. 2. The primary prayer in these original petitions is to interdict the company from transporting ammonia from Udyogamandal to Ambalamedu by road and to direct it to do so in barges through water ways. We do not deem it necessary to refer to the other ancillary prayers, since the sum and substance of the contentions raised is the grave danger that is likely to be caused to life and property if ammonia is allowed to be transported through road. 3. Detailed counter affidavits have been filed by the contesting respondents especially the Company. We have heard learned counsel for the parties. 4. We do not propose to traverse through the voluminous pleadings in these two cases, since learned counsel for the petitioners submit that the petitioners will be satisfied, if the company and the other competent authorities who are supposed to supervise the O.P.Nos.11861 OF 1995 & 30817 OF 2000 :: 2 :: transportation, are directed to adhere to the norms and guidelines contained in Exts.P13 and R2(q) while the company transports ammonia from Udyogamandal to Ambalamedu. Therefore, these original petitions are closed with a direction to the respondents to ensure that the stipulations/norms/guidelines contained in Exts.P13 and R2(q) are strictly complied with and implemented while ammonia is being transported by the company from Udyogamandal to Ambalamedu. 5. Further, we make it clear that it will be open to the petitioners to approach this court again, if there is any infringement or violation of the norms and guidelines stipulated in Exts.P13 and R2(q) and also if there is any perceptible threat to the general public in this regard. Original petitions are closed in the above terms. (S.R.BANNURMATH) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes