A court has blocked planned works from taking place in Bulebel because the widened road would create a danger from an underground storage of gas.
Mr Justice Ian Spiteri Bailey berated Infrastructure Malta as “arrogant” for wanting to forge ahead with its plans and ordered it not to carry out any works on three roads in Bulebel around the factory of Multi Packaging Limited.
The company, which applied for the injunction, employs 80 people and supplies other factories with carton boxes, using a large amount of LPG to produce them.
The gas is stored in 22,500-litre tanks located at the intersection which Infrastructure Malta has been planning to upgrade and widen by building a large roundabout, the court heard.
The packaging company said the tanks now lie at a safe distance from the road, with protective walls around the storage area and they are certified by the competent authorities.
Public entities should have strong arguments without being arrogant and should always act with due regard for the rights of third parties. The same applies to the management of such public entities
However, the planned works would reduce their distance from the road, creating a danger for the factory, its workers, motorists and surrounding residences, it argued.
The reduced distance would also make the tanks illegal and the factory would need to close for an indefinite period to move them, creating a disproportionate burden on the company.
IM 'decided to forge ahead'
Multi Packaging said it had discussed the matter with a number of entities, including the Civil Protection Department, the Occupational Health and Safety Authority, the General Workers’ Union and the energy regulator but Infrastructure Malta decided to go ahead with its planned roadworks.
On its part, Infrastructure Malta argued that the project was intended to improve the state of the roads after several serious incidents were reported in the area.
It said the land where the works would be carried out was government property. It also claimed that it had offered to incorporate a concrete blast wall as adequate protection, as suggested by the CPD, and that all other mitigation options offered to the company had been rejected.
Fabio Stivala, the engineer who certified the tanks, said the road project was dangerous and could potentially lead to a large explosion.
The blast wall proposed by the roads agency was not helpful, he said. It could create more danger because, in the eventuality of an explosion at a reduced distance from the wall, the blast would be amplified.
Mr Justice Spiteri Bailey noted that rather, than seeing to the concerns and finding ways to mitigate them, Infrastructure Malta had simply said the project was still planned to be implemented.
“The court feels that this is not right,” the judge said.
“Public entities should have strong arguments without being arrogant and should always act with due regard for the rights of third parties.
“The same applies to the management of such public entities,” he said as he upheld the application for an injunction.