Shri Padamkumar S/O Shri Shantilal Jain v. Union of India Thr. Secretary New Delhi and Others

Bombay HC4 Mar 2022PIL/95/2016

Case brief

AI extract

What is this about?

In PIL concerning fire safety in electrical transformers, reporters noted the court lacked technical expertise to issue directions on safety systems. The court directed the Central Electricity Authority to engage the petitioners expert suggestions and terminated the proceedings.

What did the court decide?

Respondents directed to engage petitioner for expert evaluation of fire safety suggestions; proceedings terminated.

Shri Padamkumar S/O Shri Shantilal Jain Vs… — Public Procurement and Tenders | Bombay HC (2022)

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PIL.95.16

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR, NAGPUR.

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PUBLIC INTEREST LITIGATION NO. 95 OF 2016

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Shri Padamkumar s/o Shantilal Jain

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versus

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Union of India and Others .. Respondents

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Mr. Ambarish Joshi, Advocate for the Petitioner Mr.N.S.Deshpande, ASGI with Ms. Mugdha Chandurkar, Advocate for Respondent Nos.1, 14 and 16

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Mr. Nitin Rao, AGP for Respondent No.2 Mr. Tushar Darda, Advocate for Respondent No.7 Mr J.B. Gandhi, Advocate for Respondent No.11 Mr. D.M. Kale, Advocate for Respondent No.12 Ms. Mohini Sharma, Advocate for Respondent No.13 Mr.Sunil Manohar, Sr.Advocate with Deven Chauhan and Dharpan Bhatia,Advocates for Respondent No.19

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CORAM : NITIN JAMDAR & ANIL L.PANSARE, JJ. DATED : 04 March 2022.

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P.C. :

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Heard learned counsel for the parties.

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The learned counsel for the Petitioner seeks time. According to us, it is not necessary to keep the Public Interest

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PIL.95.16

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Litigation (PIL) pending any further as this PIL is pending since the year 2016 i.e. now almost six years and it is worked out.

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The Petitioner has raised issue as regards various electrical and mechanical equipments used from the procurement, maintenance, servicing and performance standards of such equipments. The Petitioner has contended that Respondents be directed adopting use of Nitrogen Injected Fire Prevention System for fire protection in cases of transformers of 200KV or higher voltage in addition to high velocity water spray system. The Petitioner contends that the Transformers and Inter-Connected Transformers are installed in various electricity generation, transmission and distribution station and substations. For a variety of technical reasons, fire accidents due to fire and explosion of transfers/ICTs takes place in the establishments of the electricity utility companies. These transformers/ICTs need to be constructed, installed and maintained as per IS/BIS/IEC standards and Central Electrical Authority regulation. The Petitioner has also sought to urge that the associated equipments required for the protection of Transformers/ICTs along with the Nitrogen Injection and Fire Prevention System to protect the Transformer/ICT along with the NIFPS to protect the Transformer/ICT from explosion and subsequent fire are also of high importance and needs to be installed and maintained as per Indian Standards. The Petitioner

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PIL.95.16

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has given instances of fire accidents relating to Transformers/ ICTs which have taken place between 2009 to 2016 in various electricity generation.

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The Petitioner had joined Respondent No.1-Union of India, Respondent No.2-State of Maharashtra, Respondent No.3-Power Grid Corporation of India Limited, Respondent No.4-National Thermal Power Corporation of India Limited, Respondent No.5-Bharat Heavy Electricals Limited, Respondent No.6-National Hydro Power Corporation Limited, Respondent No.7-Neyveli Lignite Corporation, Respondent No.8-Andrew Yule & Company Limited, Respondent No.9-Rural Electrification Corporation, Respondent No.10-North Eastern Electrical Power Corporation Limited, Respondent No.11Maharashtra State Power Generation Company, Respondent No. 12-Maharashtra State Electricity Transmission Company Limited, Respondent No.13-Maharashtra State Electricity Distribution Company Limited.

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By way of amendment, the Petitioner has joined Respondent No.14-Central Electricity Authority as per the order of the Court as the authority who can examine the issue.

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The Respondents have filed reply-affidavits. The Respondent No.7-Neyveli Lignite Corporation has stated that

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PIL.95.16

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the Transformers and ICTs are provided with Mulsifyre fire protection system having compressors, water pumps with Deluge valve. The system is periodically checked and defects are attended then and there. Necessary Alarm indications are provided in the Control rooms manned by Executives round the clock. Mulsifier arrangement is provided for transformers to put down fire breaks. The automatic sprinkling of mulsifier system is ensured periodically. In order to create awareness of transformer the fire hazards mock drills, are conducted periodically. All the Transformers and ICTs power, control and Signal cable galleries were provided with state of the art addressable some detector system and maintained very well. Frequent Training classes are being conducted and Engineers and Technicians are suitably guided towards Operation and Maintenance of the Transformers fire Protection system and smoke detector system. It is further submitted by Respondent No.7 that all the transformers in service are tested periodically with utmost care and all the electrical parameters, oil level etc., are constantly monitored for total safety of personnel and property. Fast acting numerical protection relays have been installed to protect the transformer against overloading, Line surgers due to internal and external faults, over flux, high oil/ winding temperature, transformer internal fault, oil leak etc. EHV/ICT transformer are provided with Lightning arresters to safeguard the transformers from lightning and switching impulse voltages. The protection relays,

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PIL.95.16

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switch gear, CTs, PTs, bushings and the lightning arresters are tested periodically to identify signs of trouble if any. The transformers are tested periodically for insulation, resistance, core loss at low voltage, magnetic balance, ratio and DC resistance of HV/LV winding. High capacity transformer windings and bushings are subjected to Tan delta tests to insure the healthiness of the same. Respondent No.7 states that well planned maintenance programme is followed and latest standards are strictly adhered to prevent unexpected failure of transformers. BDV test on transformer oil is carried out on regular basis and oil circulation using filter machine is carried out if low BDV is observed. Dissolved gas analysis is performed at regular time intervals as per relevant IS at CPRI to measure the dissolved gases in the oil that are created by developing faults in the transformer.

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The Respondent No.4-National Thermal Power Corporation of India Limited, has filed an affidavit stating that all the transformers in service are tested periodically with utmost care and all the electrical parameters, oil level etc. are the dissolved gases in the oil that are created by developing faults in the transformer.

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The Respondent No.3-Power Grid Corporation of India, has stated that the technical specifications based on broad-

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PIL.95.16

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based parameters complying of prevailing CEA guidelines. International Electro Technical Commission Code (IEC) to ensure wide competition globally. These are revised periodically based on the inputs received from Sites, Suppliers/ Vendors as well as Statutory Regulations. It is submitted that as mentioned above, the projects are executed in EPC mode through International Competitive bidding where Fire Fighting Systems is also one of the systems to be installed. The tender process is completely fair, transparent and impartial.

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The learned counsel for the Petitioner states that the Petitioner who is more than 70-years old, has an expertise in the electrical and mechanical engineering and fire safety norms. He has 42-years experience in transmission and sub-station maintenance and line maintenance upto 400 KV. The Petitioner holds a degree in Bachelor of Engineering, Diploma in Business Management and has extensive hands on experience regarding +500 KV High Voltage Direct Current Projects. The Petitioner has given his credentials regarding his expertise on the subject.

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We have gone through the earlier orders passed in this PIL and the issue raised by the Petitioner. We have referred to the pleadings as above which show that the issues raised by the Petitioner are of substantially technical in nature. We do not possess any expertise in this area. The Respondents Power Grid

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Corporation, National Thermal Power Corporation, Bharat heavy Electricals Limited, National Hydro Power Corporation Ltd. etc. are all large scale public undertakings of repute. These authorities are manned by their own experts. There is no occasion for us to draw a conclusion that these authorities would have no technical expertise. There are no allegation of mala fides and it is not demonstrated before us that any of the Respondents are acting in any deliberate manner contrary to provisions of law. It is not possible for us to navigate through the expert opinions to issue directions as we are not aware of the implications of such directions.

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The appropriate course of action would be that the Respondents make use of the expertise of the Petitioner. The Chairman of the Respondent No.14-Central Electricity Authority will nominate a senior officer, who is expert in this subject to have an interaction with the Petitioner so that the Petitioner can give his suggestions to the Officer who can analyse and the suggestions and if found feasible, can implement the same.

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The copy of PIL be placed before the Chairman of the Respondent No.14-Central Electricity Authority with additional representation of the Petitioner, if any, for the above purpose. If the Petitioner is not able to travel to New Delhi, the

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PIL.95.16

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interaction can take place through video conferencing for which the Respondent No.14 will communicate to the Petitioner the time and date and the video link through an email.

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Acknowledging the efforts taken by the Petitioner in highlighting the issue, we terminate the proceeding in this PIL. The petition is disposed of.

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sahare

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Digitally Signed ByNARENDRA BHAGWANTRAO SAHARE Location: Signing Date:09.03.2022 16:41

Shri Padamkumar S/O Shri Shantilal Jain v. Union of India Thr. Secretary New Delhi and Others

Case brief

What is this about?

What did the court decide?

Shri Padamkumar S/O Shri Shantilal Jain v. Union of India Thr. Secretary New Delhi and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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