HC annuls exemption to FACT

KOCHI: The High Court has stayed the government order to exempt the vehicles used by Fertilisers and Chemicals Travancore Ltd (FACT) to transport ammonia during day time by road from its Udyogamandal division. A Division Bench comprising Acting Chief Justice Manjula Chellur and Justice P R Ramachandra Menon passed the interim order that no transportation should be made between 11 am and 3.30 pm.

The interim order was passed while considering a petition filed by former Thiruvamkulam grama panchayat member Vijayan Therampillil and M Sajeev Kumar of Vaduthala. Theysubmitted that the order clearly violated the court’s earlier order directing that no transport of ammonia be made between 7 am and 8 pm.

The petitioners also pointed out that the court had also directed the company to take immediate steps for arranging transport through insulated vessels by water. The govt issued the order on January 9, 2012, on the request of� FACT to exempt its good vehicles from rule 336A of the Kerala Motor Vehicles Rules which banned transportation of hazardous goods during day time by road.

The court had said that the company should ensure compliance with the terms of transport, which meant that no load should be released from Udyogamandal division after 7 am and before 8 pm. While asking the FACT to take steps for transporting ammonia by river, the court had observed that the loads passed through thickly populated areas and therefore there was risk in the event of accidents even during night.

The impact of an accident and possible leak probably might be less during night. However, it was not as if such an eventuality would not affect public safety. Though the company’s counsel had submitted that obstruction was caused by fishermen when it was being transported through waterways, the court asked the company to approach the government.

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