India & Anr vs The Union Of India & Ors
2021 Latest Caselaw 6281 Cal

13-12-2021
 ct no. 13
  Sl.15
    sp
                            WPA 17648 of 2021
             Bulk LPG Transport Contractors Association, Eastern
                                India & Anr.
                                -Versus-
                            The Union of India & Ors.
                             (Via Video Conference)


                 Mr. Sirsanya Bandopadhyay,
                 Mr. Arka Kumar Nag,
                 Mr. Soham Kumar Roy,
                 Ms. Deboleena Ghosh,
                 Mr. Rahul Kumar Singh,
                 Mr. Tapajit Das
                                                    ...for the petitioners

                 Mr.   Jaydip Kar, ld. Sr. Adv.
                 Mr.   Puspendu Chakraborty,
                 Mr.   Prasun Mukherjee,
                 Mr.   Deepak Agarwal,
                 Mr.   Arkadipta Sengupta

                                          ...for the IOCL/BPCL/HPCL

                 Mr. Sunil Kr. Singhania
                                ...for the respondent nos. 10 and 11

Mr. Jaydip Kar, learned senior counsel

appears for the Indian Oil Corporation.

Reliance is placed on Section 124 of the

Central Motor Vehicles Act along with the

amendments effected in the year 1993. The

Central Government has mandated crash-guards

by reason of such amendments. The installation of

the crash-guards, according to the oil companies,

is therefore a statutory requirement.

Reliance is also placed on the Oil Industry

Safety Directorate notice revised addition on

October, 2018 OISD Standard 159. At paragraph

5.1.9 of the said Directorate mandates installation

of a crash-guard.

It is submitted that the Central

Government/OISD in course of an audit and

communication dated February 28, 2020 has

required at Clause 15.09 that vehicles without

crash-guard on LPG Tank Trucks shall not be

allowed to ply.

On one hand the Oil Companies are bound

by the Directions of the Central Government and

on the other the PESO is non-responsive and

unmoved. Affidavit filed by PESO, does not appear

to have taken the aforesaid matters for

consideration.

In that view of the matter, the writ petition

is disposed of directing the PESO to consider each

of the aforesaid facts, and take a suitable decision,

as regards the installation of these crash-guards

in the LPG Tank Trucks hired and used by the Oil

Companies for transportation of their goods.

For the aforesaid purpose, the Oil

Companies and/or the writ petitioners shall make

a comprehensive and suitable representation to

the PESO placing all guidelines, statutory

provisions and OISD requirements.

It is only upon a comprehensive SOP and/or

guidelines being issued by PESO, in consultation

with the OISD that the writ petitioners shall be

obliged to install the aforesaid crash-guards. No

action shall be taken against the petitioners by the

oil companies until then.

This Court has noted the submissions of

Mr. Kar, that since after 2018, and till date the Oil

Companies did not insist on the crash-guards

being installed by the petitioners and had done so

only at the instance of the OISD.

It is mandated that the PESO shall take a

suitable decision within a period of two months

from the date of communication of a copy of this

order.

There shall be no order as to costs.

Urgent photostat certified copy of this

judgment, if applied for, be given to the parties upon

compliance of all formalities.

(Rajasekhar Mantha, J.)