In A major judgement, the Supreme Court has ruled that risk factors associated with setting up of sensitive plants like nuclear reactors could not be the sole ground for their closure or relocation, and the courts should keep in mind their utility to the public.
The judgement was given by a bench comprising Chief Justice V N Khare and Justice S H Kapadia while setting aside a Kerala High Court order asking Fertilisers and Chemicals Travancore Ltd (FACT) to shut its 10,000-tonne ammonia plant in Wellington Islands near Cochin.
The high court had felt that a major leak could be caused by an air crash in the vicinity of the tank as there was an airport nearby or by an act of sabotage or earthquake, which could lead to loss of human life on a tragic scale.
This order came on a PIL filed by the Law Society of India.
When the FACT employees’ association challenged the HC order before the Supreme Court, the latter appointed Engineers India Ltd (EIL) to examine all issues, specially the location of the tank and its structural integrity.