MS. KAMINI JAISWAL, ADVOCATEversusUNION OF INDIA AND ORS.

A                     MS. KAMINI JAISWAL, ADVOCATE·
                                           v.
                          UNION OF INDIA AND ORS.

                                   MARCH 4, 1997

B             [A.M. AHMADI, CJ. SUJATA V. MANOHAR AND
                           K.T. THOMAS, JJ.]

         Constitution of India, 1950 : Article 32-Public Interest Litiga-
  tio.rt-Filed by an Advocate for closure of gas pipelines laid by GAIL and
C ONGC until an independent inquiry by experts is conducted and they certify
  and declare that these pipelines are safe for further operation-Petition resulted
  from actual gas leakage from the gas pipelines near Dhaula Kuan in New
  Delhi-Held, no further action is required in view of the detailed infonnation
  furnished by GAIL and the necessary preventive measures taken by it.
D           The petitioner filed the present public interest petition under Article
     32 of the Constitution of India. The petitioner contended that the high
     pressure gas pipelines laid by GAIL and/or ONGC were unsafe in certain
     specified places and were potentially hazardous. She prayed for the closure
     of the pipelines until an independent inquiry was conducted and they
E    certified and declared that those pipelines were safe for further operation.
     She contended that the pipelines had not been laid as per applicable
     international standards, ANSl/ASME B 31.8 of 82. The specific averments
     in the petition related to the DESU Maruti Spurline laid by GAIL. Accord-
     ing to the petitioner, the terms and conditions on which GAIL had given
F    the contract for laying the pipeline had not been complied with.

           GAIL filed a detailed affidavit in reply to the petitioner's allegations.
     It also filed detailed technical material on the subject, as well as three
     reports of experts in connection with the laying of the DESU-Maruti
     Spurline and in connection with the safety of its pipeline system.
G.
        GAIL submitted· that in laying tbe DESU-Maruti Spurline the con-
  tractor defaulted in many ways and the gas leakage at Dhaula Kuan was
  the result of defective workmanship. After that, the contract was ter-
  minated. GAIL appointed a committee to pinpoint lapses and to suggest
H corrective measures. The committee noted that the specifications in the
                                     650
                   KAMINIJAISWAL, ADV. v. U.O.I.                    651

tender were very clear, exhaustive and adequate to take care of the safety A
aspects but some of the specifications were not taken care of by the
contractor. The committee submitted a detailed report containing sugges·
tions for quality compliance in totality.

      GAIL also carried out a post-construction integrity survey through B
Sofregaz, an international agency known for its expertise in the area. It
was asked to carry out investigation and report whether safe engineering
practices had been followed during the construction of the existing
underground pipelines. It was required to report on the stat11s of
pipelines, critical areas, preventive measures, disaster management plan,
remedies and recommendations. The report provided that on general C
assessment there was no apparent alarming deficiency in the pipelines
in respect of safe operation and safety of life and property. As regards
the depth ·of cover over the pipelines, it considered it to be wen within
the acceptable limit with reference to the standard followed by GAZ DE
FRANCE in normal condition of operation. GAIL took action in com- D
pliance with each of the recommendations contained in the Sofregaz
report. It was pointed out that the expert report of Sofregaz was the
outcome of a post-construction integrity survey for pipelines in and
around Delhi.
                                                                          E
      GAIL pointed out that high . pressure gas pipelines owned and
operated by it across the country were laid as per international standards
and in fact even more stringent standards .than the international code
ANSI 31.8. A detailed status report was also submitted dealing with di".erse
aspects of maintenance of the pipeline network in the country. The stream- F
lining of pipelines achieved over a period led to GAIL obtaining certifica-
tion by International Organisation for Standardization (ISO 9002) and
conferment of the Oil Industry Safety Award to GAIL for the year 1992-93.
GAIL took important decisions to streamline the procedures in the matter
of execution of works.
                                                                          G
     Disposing of the writ petition, this Court

      HELD: No further directions are required as GAIL.has been at
pains to allay the apprehensions expressed by the petition. No further .
action is required in view of the detailed information furnished by GAIL H
    652                     SUPREME COURT REPORTS               [1997] 2 S.C.R.

A and the measures taken by it. [657-A-B]
            CIVIL ORIGINAL JURISDICTION : Writ Petition (C) No. 714 of
    1994.

            (Under Article 32 of the Constitution of India.)
B
            In-person for the Petitioner".

          V.R. Reddy, R. Sasiprabhu, (Gopal Singh) (NP), Vijay Panjwani
    (NP), Ms. Manjula Gupta, (Ms. Niranjana Singh) for Ms. Anil Katiyar and
    A Subba Rao for B.K. Prasad for the Respondents.
c           The Judgment of the Court was delivered by

         MRS. SUJATA V. MANOHAR, J. The petitioner is a practising
    advocate. She has filed the present petition as a public interest petition
    under Article 32 of the Constitution of India. The respondents are the Gas
D   Authority of India Ltd. (hereinafter referred to as 'GAIL'), the Oil and
    Natural Gas Corporation Ltd. (hereinafter referred to as 'ONGC), the
    Central Pollution Control Board and the Union of India.

           The petitioner contends that the high pressure gas pipelines laid by
    GAIL and/or ONGC are unsafe in certain specified places and are poten-
E   tially hazardous. The petitioner has prayed that these pipelines should be
    closed until an independent enquiry by experts certifies and declares that
    these pipelines are safe for further operation. The petition was filed
    pursuant to gas leakage from a high pressure gas pipeline. of GAIL at
    Dhaula Kuan in Delhi on or about 8th of July, 1993.
F          GAIL was formed in the year 1984 for the purpose of handling
    natural gas related .activities. Originally ONGC had planned the HBJ
    pipeline which was to run from Hazira to Babrala and Jagdishpur for
    supply of gas to the fertilizer and power plants enroute. This pipeline was
    taken over by GAIL from ONGC in the conceptualisation stage itself.
G   Subsequently, GAIL added additional pipelines and spurline to the HBJ
    pipeline. ONGC had also laid around 680 kms. of pipelines in various
    locations of the country such as the Gujarat region, Assam region, Bombay
    region, K.G. Basin, Cauvery basin etc. All these pipelines were transferred
    to GAIL during the period 1994-95. According to GAIL, a health check
    of all these lines was carried out when it took over these pipelines. After
H   the check, necessary corrective action which included replacement of some
        KAMINIJAISWAL,ADV. v. U.O.I. [MRS. SUJATA V.MANOHAR,J.] 653

     of the pipelines was also taken by GAIL both from the safety point of view A
     as well as operational point of view. As of now, GAIL operates a total of
     2974.856 kms. of pipelines.                                       ·

            The petitioner has contended that the ·pipelines have not been laid
      as per applicable international standards ANSl/ASME B 31.8 of 82. The
     specific averments in the petition relate to the DESU- Maruti Spurline laid B
     by GAIL which admeasures about 35 kms. According to the petitioner, the
     terms and conditions on which GAIL had given the contract for laying this
     pipeline have not been complied with. She contends that gas leakage
      detection and automatic shutting down system has not been provided. Tele
      supervisory system is not provided. Gas pipeline was required to be buried C
      at least 1.5 meters below the ground. But the gas pipeline has not been so
     laid. The gas pipeline was required to be laid keeping adequate distance
     from human settlements but this has also not been done and lastly she
     contends that GAIL has not obtained clearance from the Department of
     Explosives. She has alleged lack of experi,ence, lack of supervision .or
     control by GAIL officials and mismanagement by GAIL so that the con- D
     tractors have used sub-standard material and bad workmanship in laying
     the pipeline in violation of the safety guidelines. This resulted in gas
     foakage from this pipeline at Dhaula Kuan on 8th July, 1993.

           GAIL has filed a detailed affidavit in reply to these allegations. It   E
     has laid before us three reports of experts in connection with the laying
     of the DESU-Maruti Spurline as also in connection with the safety of its
     pipeline system. GAIL has also furnished to us detailed technical material
     in connection with the allegations made by the petitioner.
                                                                                   F
           GAIL has submitted that it had decided to lay the DESU-Maruti
     Spurline which is a short line by using their in-house experience. They had
     given a contract for the laying of this pipeline stipulating all the necessary
..   conditions ensuring safety of the system. The contractor, however,
     defaulted in many ways while laying this pipeline. Ultimately GAIL was
     compelled to terminate his contract. There is an arbitration pending be- G
     tween Gail and the contractor in .connection with the defective workman-
     ship and the termination of the contract. GAIL contends that it was this
     defective workmanship which led to the gas leakage at Dhaula Kuan. In
     connection with this accident GAIL set up a committee consisting of the
     Additional Director, Oil Industry Safety Directorate and two GAIL of- H
    654                   SUPREME COURT REPORTS                    (1997] 2 S.C.R.

A ficers not connected with the project to report on the investigation of the
    failure of the DESU-Maruti pipeline at Dhaula Kuan. This report was
    placed before us. The committee has reported that (a) the area near
    Dhaula Kuan being rocky normal mode of trenching using explosives was
    not possible due to close proximity to traffic/habitations. Hence manual
B   rock cutting had to be done. Consequently, against the tender specifica-
    tions of 1.5 meter soil cover, about 1.0 meter cover could be achieved. (b)
    The space constraints with dense traffic near Dhaula Kuan restricted the
    use of conventional pipe lowering machinery for extended hours. (c)
    Necessary and sufficient details of existing utilities like underground cables,
    pipes were not available from civic authorities. (d) On excavation of the
C   leakage affected area, it was observed that the bottom of the pipeline was
    found to be resting on a cable. (e) Inspection of buried pipeline route
    revealed soil settlement at various locations near Dhaula Kuan Park Area
    after heavy rains. This caused accumulation of stagnant water in some
    areas. One of the factors noted by the committee was that none of the
D   persons associated with supervision of the job were aware about the
    existence of a cable underneath the pipe. Hence the HDPE Sheet which
    is normally placed between the pipeline and the cable had not been placed.

        We need not examine at length the various facts found by the
  committee as leading to that accident. What is more important, GAIL set
E up an internal committee to pin-point the lapses and to suggest corrective
  measures. This committee's report is also produced before us. The com-
  mittee noted that the specifications in the tender were clear, exhaustive and
  adequate to take care of the safety aspects. However, some of the specifica-
  tions as set out in the report were not taken care of by the contractor. It
F noted that some of the construction activities may not have been inspected
  by GAIL personnel or the inspection report may not represent the real
  status of the activity. The committee has commented upon trenching work
  and the fact that the cover of the pipe was at some places even less than
  1.0 meter although the tender specification was 1.5 meters. This may be on
  account of the rocky soil and the prohibition on the use of explosives on
G account of the vicinity of the area to habitation. It commented on the
  defects in the inspection reports. It was also pointed out that thickness of
  the compacted padding on top of pipe corrosion coating should have been
  at least 150 MM. Padding material should have been graded soiVsand
  and/or other materials containing no gravel, rock or lumps of hard soil.
H Such padding material has not been observed at various points during the
     KAMIN! JAISWAL, ADV. v. U.0.1. [MRS. SUJATA V. MANOHAR,J.) 655

 inspection. The report is a very detailed report setting out other defects A
 also. It has made various suggestions;· some of the suggestions being that
 (1) GAIL should deploy third party - Inspecting Agency for such activities
 of pipe laying; (2) That GAIL should supervise and monitor the activities
 on the third party inspecting agency and the activities of the contractor in
 respect of the compliance of tender specification; (3) That no deviation B
 should be permitted by Engineer Incharge; (4) Necessary formats should
 be developed to ensure total conformity to the specification requirements;
 (5) GAIL Engineers and Supervisors should be given training programmes
 and (6).GAIL should have own quality audit cell for overviewing the quality
 compliance in totality.
                                                                              c
          GAIL also carried out a post-construction integrity survey through
   Sofregaz, an international agency known for its expertise in this area.
   Sofregaz was asked· to carry out investigation and report whether safe
   engineering practices have been followed during construction of the exist-
   ing underground pipelines; (2) to ascertain whether the pipeline has been· D
   laid as per standard construction specification/codes and to review the
   QNQC procedures, namely, welding procedure specifications, material
   specifications, coating and cathodic protection and to recommend
   modifications/improvements wherever required. It was also required to
   carry out other detailed examinations as set out in its terms of reference. E
  It was also, inter alia, asked to identify potential possible hazardous situa-
   tions and measures to control quickly any leak/burst etc. It was required
   to report on the status of pipeline, critical areas, preventive measures,
   disaster management plan, remedies and recommendations. Sofregaz
   report sets out that on its general assessment there was no apparent
   alarming deficiency in the pipelines with respect to safe operation and F
   safety of life and property. GAIL shouid, whoever, take action to attend to
   the points listed in the minutes of the discussions for further improvement
   of long term safety of the pipelines. It also said that based on the survey
   of th depth of cover ,over the pipelines to the extent observed, it considers
   it to be well wi~hin the acceptable limit with reference to the standard G
. followed by GAZ DE FRANCE in normal condition of operation. As such
   it was not necessary to undertake further lowering of the pipeline from the
  .present state of cover to the extent observed. The detailed point-by-point
   action plan of Sofregaz and the action consequently taken by GAIL In
   connection with each of the recommendations has been set out in detail as H
    656                   SUPREME COURT REPORTS                    [1997] 2 S.C.R.

A Annexure 2 to the report of Sofregaz. GAIL has pointed out that the expert
    report of Sofregaz is the outcome of a post-construction integrity survey
    for pipelines in and around Delhi. A technical survey by an independent
    agency was considered necessary in view of the fact that the Delhi pipeline
    network was the first urban and sub-urban gas distribution system executed·
B   by GAIL. A decision to have such a survey through international competi-
    tive bidding by an experienced international company was· taken on
    22.6.1993 even prior to the occurrence of the gas leak at Dhaula Kuan. The .
    cost of such technical audit is part of the approved cost of the project itself.

          A detailed status report has also been submitted dealing with diverse
C   aspects of maintenance of the pipeline network in the country. It deals with
    the health check of the pipelines taken over from ONGC and the operation
    and maintenance control of the entire pipeline system in the country. The
    streamlining of procedures achieved over a period has led to GAIL obtain-
    ing certification by international Organisation for Standardization (ISO
D   9002) and conferment of the Oil Industry Safety Award to GAIL for the
    year 1992-93. GAIL has also pointed out that high pressure gas pipelines
    owned and operated by it across the country are laid as per international
    standards and in fact GAIL has prescribed even more stringent standards
    than the international code ANSI 31.8. It has annexed a comparative table
E   in which, inter alia, the minimum cover of a pipe under ANSI is 75 ems.
    while GAIL has prescribed 75 ems. to 1.5 meters. GAIL has also taken the
    following important decisions to streamline the procedures in the matter
    of execution of works :

          (i) To have a 3-layer polythene coating which has a higher resistance
F             to handling damage;

          (ii) To execute the work with an overall consultancy by third party
               agency with backup consultant;

          (iii) To have inspection both during procurement as well as construc-
G               tion by third party agencies along with the check inspecting
                agency in addition to an audit group of GAIL consisting of
                persons from a project other than the particular projects being
                audited; and

H         (iv) To provide all future pipeline systems with optical fibre cable
        KAMINI JAISWAL, ADV. v. U.O.I. [MRS. SUJATA V. MANO HAR, J.] 657

               links to the various nodal points to ensure safe communication.     A
            Looking to the detailed information furnished by GAIL and the
     measures taken by it as set out in the material which is disclosed by GAIL,
     we do not think any further action is now required to be taken by this
     Court. GAIL has been at pains to allay the apprehensions expressed by the
     petitioner. Looking to the material on record, we do not think that any       B
     further directions are required. The petition is accordingly disposed of.
     There will be no order as to costs.

     J.N.S.                                                Petition disposed of.




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