CONCERNED CITIZEN Vs. ZUARI INDUSTRIES LTD

JUDGEMENT

(1.) In this writ petition filed in public interest on or about 14-1-2002 the petitioner, a non-Governmental Organization, has, inter alia, sought for the de-commissioning of the 5000 M.T. Ammonia storage tank/terminal set up by respondent No. 1-Z1L and commissioned on or about 8/9th January, 2002, on a piece of land admeasuring 6000 sq. meters belonging to respondent No. 5-MPT.

(2.) Respondent No, 5-MPT had issued an advertisement on local as well as national newspapers, way back on 21-8-1998 calling for applications from interested parties for lease of an area of 6000 sq. meters near Central Warehouse for setting up of ammonia storage and handling facility through Berth No. 8 for a period of 30 years, and since respondent No. 1-ZIL was the only company to apply for the same the Tender Advisory Committee of respondent Mo. 5 as well as respondent No, 5 approved the proposal of respondent No, 1 at its meeting held on or about 30-1-1999 and the proposal was subsequently accepted by the Central Government on or about 15-2-2000.

(3.) The respondent Mo. 1-ZIL has a factory at Zuarinagar from the year 1971 or there about -manufacturing fertilizers for which ammonia is required. They were earlier transporting ammonia from Mumbai and Mangalore ports by trucks and presently the ammonia is carried from the said tank/terminal to their factory at Zuarinagar and stored in hortonspheres in the factory premises regarding which there was writ petition filed by Goa Foundation being Writ Petition No. 450 of 1988 which came to be dismissed by a Division Bench of this Court by judgment dated 2-4-1998, with certain directions. However, we must hasten to add that the said storage of ammonia in hortonspheres or the transportation of the same from the said tank/terminal at the jetty which is at a distance of about 14 kms. from the factory of respondent No. 1-ZIL is-not an issue in this petition but what is in issue is the safety aspects of the said storage tank/terminal.