THE HONOURABLE MR. JUSTICE S. RADHAKRISHNAN &
THE HONOURABLE MR. JUSTICE V.M. KANADE
Manohar G. Scindia
Vs
Union of India & Ors.
Writ Petition No.102 of 1993, Dated 22nd April, 2004.
S. Radhakrishnan, J.
1. The above Petition has been filed in larger public interest. By the above Petition, the Petitioner has suggested transporting of all petroleum products, Diesel etc. by portable tanks, so as to prevent a large-scale wastage of precious fuel of Diesel and Petrol, on their return journeys of hundreds of kilometers when they return empty after unloading.
2. The basic contention of the Petitioner is that as of today, all the oil companies like Respondent Nos.2, 3 and 4 are transporting various petroleum products in fixed tankers to various destinations all over India from the respective oil refineries and oil depots, and on their return journey, the aforesaid oil-tankers return back empty traveling hundreds of kilometers, wherein the precious fuel is put to no use.
3. Hence the Petitioner has suggested that all petroleum products can be carried on a portable tanks and after unloading the petroleum products, the said empty portable tank can be raised to a higher level in the truck carrying the same and the empty bottom portion can be utilized for transporting all kinds of commodities on its return journey, so that precious fuel like diesel and petrol can be saved. The petitioner points out that on an all India basis, a large quantity of diesel and petrol, which is being wasted today on its return journey, could be put to good use by transporting other commodities.
4. We have perused the replies filed by Respondent Nos.1, 2, 5 and 6, and the Report of the Committee pursuant to our order dated 11th June 2001. Unfortunately, the replies as well as the report of the Committee proceeds on the basis of an adversarial litigation, picking holes in the suggestions of the Petitioner and blaming the Petitioner for not furnishing correct technical drawings etc. Admittedly the Petitioner is not a qualified engineer. One should realize that this is not an adversarial litigation, and the suggestions of the Petitioner require serious consideration and the approach should be to genuinely find methods to successfully implement the suggestions.
5. The reply of Arjun Mirya Naik, Deputy controller of Legal Metrology suggests that the calibrated tank will have to be permanently mounted on a truck to prevent misuse. Such a calibrated tank contains all details of the truck including the chassis number; therefore even if it is a portable tank the said tank will be mounted only on that truck. As far as the safety aspect is concerned, all necessary measures can be adopted to ensure safety by proper and strong mounting to the truck. The affidavit in reply of Respondent No.2 also deals with the issue as if it is an adversarial matter and points out that there are no detailed drawings, specifications etc. by the Petitioner. Two affidavits in reply on behalf of Department of Explosives points out various hazards, if the mounting of portable tanks are not done properly. This can be remedied by adopting appropriate safety measures in such mountings. The Petitioner also showed us various brochures for various countries like Holland, Germany, U.K. and U.S.A. wherein such portable tanks are being used for such transportation.
7. Today there is no dispute that crores worth diesel is being used by such trucks carrying petroleum products, on their return journey when they are empty and they do not carry another goods. If the suggestion of the Petitioner is suitably adopted with all safety measures, India would be saving crores of rupees in terms of foreign exchange also. Over and above, precious natural and limited resource like petrol and diesel could be fully utilized. We cannot forget the inter-generational rights. We have to preserve such precious natural resource like petrol and diesel for our future generations also.
8. Under these circumstances, in the larger public interest and national interest, we direct the Respondent Nos.2 to 4 in consultation with Respondent Nos.5 & 6 to fabricate a few proto type portable tanks, fully taking into account all safety measures, so as to utilize such trucks on their return journey to carry other goods in addition to the empty tank of their return journeys and put them on test runs. While designing such portable tanks, the Respondents 2 to 4 can take the assistance of Indian Institute of Technology or other reputed Designing Institutes. The Respondent Nos.2 to 4 while designing such portable tanks should also take the assistance of the Petitioner, so as to effectively implement the suggestions, which would be highly beneficial to our country.
9. The above exercise of fabrication of proto-type portable tanks and test runs be done as expeditiously as possible and the Respondent Nos.2 to 4 shall submit a report in that behalf to this Court on the expiry of six months from today. We are sure that the Respondents will approach the issue as a national cause and not as an adversarial issue.
10. Parties to act on an ordinary copy of this order duly authenticated by the Personal Secretary or the Associate.