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2022 Supreme(Online)(KER) 44487
HIGH COURT OF KERALA
ANJUSHA AYYAPPAN, – Appellant
Versus
UNION OF INDIA, – Respondent
WA/400/2022
ADV. SHYAMDEEP S. SHENOY, ADV. SRI. K.P. HARISH, SENIOR GOVT. PLEADER, ADV. SRI. SAJI VARGHESE T.G, ADV. SMT. REKHA AGERWAL, ADV. SRI. M.GOPIKRISHNAN NAMBIAR, ADV. SMT. MARIAM MATHAI, ADV. SRI. K.JOHN MATHAI, ADV. SRI. JOSON MANAVALAN, ADV. SRI. KURYAN THOMAS, ADV. SRI. PAULOSE C. ABRAHAM, ADV. SRI. RAJA KANNAN
The regulations permit installation of safety mechanisms like SV stations in residential areas when compliant with safety standards, emphasizing regulatory adherence outweighing local safety concerns.
Headnote:
Regulatory - Safety Standards - Petroleum and Natural Gas Regulatory Board (Technical Standards and Specifications including Safety Standards for Petroleum and Petroleum Products Pipelines) Regulations, 2016; Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962 - The court upheld the validity of the regulations governing the installation of sectionalizing valve stations near residential areas, emphasizing compliance with safety protocols and the necessity of risk assessments.
Fact of the Case:
The appellants challenged the construction of a Sectionalizing Valve Station in a residential area by a pipeline company, arguing it violated their constitutional rights to safety and life under Articles 14 and 21.
Issues: Whether the installation of the SV Station in a residential area infringes the safety and constitutional rights of local residents.
Ratio Decidendi: The court concluded that the regulatory framework allows for the installation of SV stations in close proximity to residential areas, given the adherence to specified safety standards.
Final Decision: The writ appeal was dismissed, upholding the lower court's decision.
JUDGMENT
Dated this the 8th day of June, 2022
S. Manikumar, CJ
Instant intra court appeal is directed against the judgment dated 18.02.2022 passed in W.P.(C) No.21861 of 2021, by which, the writ court closed the writ petition, without acceding to any of the prayers sought for by the writ petitioners, however, directing that the pipelines and the “SV Station” will be operationalised only after the necessary “Qualitative Risk Assessment” and such other unexpendable steps and measures are complied with and completed, in terms of the “Regulations”, either by Petroleum and Natural Gas Regulatory Body or its accredited Agency; and after obtaining necessary permits and consents from all the statutory entities like the District Administration, Disaster Management Authority, PESO Fire and Rescue Department, Factories and Boilers Department, Pollution Control Board etc. It was also ordered that the official respondents shall ensure that these directions are complied with in its letter and spirit.
2. Brief facts leading to the filing of the instant appeal are that, Sectionalizing Valve (SV) Station is a Gas Pipeline System which contains the valve installed at regular intervals, to isolate pipeline section during emergencies like leakage and such other contingencies. Hence, as per Exhibit-P1 notification dated 12.02.2016, issued by the Petroleum and Natural Gas Regulatory Board, framing Petroleum and Natural Gas Regulatory Board (Technical Standards and Specifications including Safety Standards for Petroleum and Petroleum Products Pipelines) Regulations, 2016, human habitation should be a parameter to identify a location for SV Station. It is also mandated therein that to minimize the hazard of communication of fire to the station from structures on adjacent property, the location of SV Station should be identified with all caution to ensure safety and security standards.
3. Appellants further state that now the 4th respondent, which is in a project for laying LPG Pipeline from Cochin to Salem, has identified their SV Station and is acquiring the land for the same, in a residential locality, wherein 17 residential plots are locked, out of which, 11 residential houses are constructed and occupied. The actions of respondents 4 to 6 to acquire the land, construct and install SV Station and Valve, which is in a residential locality, is the concern of the appellants, who are the residents and landowners there and that the actions are in violation of Articles 14 and 21 of the Constitution of India.
4. Appellants further state that reading of Exhibits-P4, P5 and P6, make clear the gravity of the issue and it is an alarming fact that the 4th respondent is constructing the SV Station, in a plot surrounded by residential houses. Though the appellants have suggested an alternative location and land for acquisition, which is an isolated place where no residential units are in existence, in the immediate proximity, the same has not been considered and the 4th respondent is proceeding with the proposed site.
5. In such circumstances, challenging the alleged illegal and unreasonable action of the respondents, W.P.(C) No.21861 of 2022 has been filed by the appellants, for the following reliefs:
(i) To call for the records leading to issue Exhibit-P2 notification, and direct respondents 4 to 6 to relocate the proposed Sectionalizing Valve Station, from the present proposed site in Sy. No.170 in Block 7 of Kakkanad Village, in Kanayannur Taluk to any other alternative place or location, wherein the human habitation is absent.
(ii) To call for the records leading to issue Exhibit-P2 notification, and issue a writ of certiorari, or any other writ or writs or order or direction to quash the same to the extent of acquisition of land for construction of Sectionalizing Valve Station, at the present proposed site in Sy. No.170 in Block 7 of the Kakkanad Village, in Kannayannur Taluk.
(iii) To declare that the construction and installation of Sectionalizing Valve Station a
