National Green Tribunal
Lt. Gen. Satwant Singh Dahiya Avsm Vsm ... vs Ministry Of Environment, Forest And ... on 28 January, 2020
Author: Adarsh Kumar Goel
Bench: Adarsh Kumar Goel
Item Nos. 01&02 Court No. 1
BEFORE THE NATIONAL GREEN TRIBUNAL
PRINCIPAL BENCH, NEW DELHI
Original Application No.584/2016
With
Original Application No.120/2018
Lt.Gen. Satwant Singh Dahiya,
AVSM, VSM (Retd) Applicant(s)
Versus
Ministry of Environment, Forest &
Climate Change & Anr. Respondent(s)
Date of hearing: 28.01.2020
CORAM: HON'BLE MR. JUSTICE ADARSH KUMAR GOEL, CHAIRPERSON
HON'BLE MR. JUSTICE S.P WANGDI, JUDICIAL MEMBER
HON'BLE DR. NAGIN NANDA, EXPERT MEMBER
HON'BLE MR. SIDDHANTA DAS, EXPERT MEMBER
For Applicant(s): Lt. Gen. Satwant Singh Dahiya, Applicant in person
For Respondent(s): Dr. Abhishek Atrey, Advocate for MoEF&CC
Mr. Rajkumar, Advocate for CPCB
Mr. Ardhendumauli Prasad, Advocate for DGCA
ORDER
1. This application was filed on 21.10.2016 for direction to ensure that no excreta is emitted by the Aircrafts during flights and to compensate the applicant for an incident of excreta being thrown on the wall of the applicant's house which was suspected to be from an aircraft.
2. Case of the applicant is that walls and floors of terraces/verandahs of the house were found spattered with large patches of excreta dumped by the Aircrafts flying in/out of Palam Airport at night. The matter was reported in the 1 newspaper on 16.10.2016. The applicant had to spent about Rs. 50,000/- for fresh coat of paint.
3. This Tribunal issued notice on 25.10.2016 and also sought a report from the CPCB in the matter. In the sample taken from the building it was found that 16000 MPN/100ml was found. The CPCB filed a report on 15.12.2016 with the following conclusions:-
"CONCLUSIONS In view of analysis report and inspection conducted, following observations were made
1. The analytical results of one sample shows contamination with respect of faecal and total coliform as Faecal and Total coliform count was 16000 MPN/100 ml.
2. Photographs taken also depicts that dry matter/excreta were fallen on the walls of applicant's residence
3. However, the source of contamination/excreta cannot be identified as no concrete information of incident was available."
4. Considering the above, this Tribunal passed an order on 20.12.2016 directing as follows:-
"1. The DGCA shall issue a circular to all the airlines landing and taking off at Terminal -1 and Terminal 3 to ensure that they do not have any reason to release any waste while landing or taking off at the airport or near the airport.
2. They shall also issue directions and ensure the inspection of the aircrafts landing at the airport, subject to surprise inspection by the Officers of the DGCA, to ensure that their toilet tanks are not emptied while landing and waste splashed on the residential and on any other places prior to landing. If any aircraft, airlines and all the handlings services or registered aircraft are found to be violating such circular, or toilet tanks are found to be emptied before landing they shall be subjected to Environmental compensation of Rs. 50,000 per default. The amount so collected shall be deposited with the CPCB and shall be utilized for environment 2 protection and improvement in accordance with the directions issued by the Tribunal.
3. Quarterly report shall submitted by DGCA to the Tribunal stating if any aircraft/ airline is found to be violating these directions.
4. The record so collected shall be placed in the public domain. The DGCA shall provide helpline number Telephone / Mobile of its officer at the airport where the person desirous of lodging complaint regarding such mischief in future can approach the Authorities for appropriate reliefs. This information shall be put in the public domain and public at large informed of all helpline numbers and emails IDs.
5. We direct Respondents to pay the costs which have already been imposed vide order dated 25th November, 2016 within one week from today to the Applicant.
6. Liberty is granted to the Applicant to approach to the Tribunal if the costs are not paid.
7. We have passed the above directions to protect the environment for being polluted as well as causing an adverse impact on human health. These directions should be complied by all the concerned Authorities without default and demur."
5. Thereafter, the applicant filed M.A. No. 1426/2016 to the effect that another incident took place. The Tribunal vide order dated 01.12.2017 directed the CPCB along with representative of the Directorate General of Civil Aviation (DGCA) and the applicant to visit the site, take samples and give a report.
6. Thereafter on 10.01.2018, this Tribunal disposed of the application reiterating the directions in the order dated 20.12.2016.
7. Aggrieved by the above, the DGCA filed a review application no.
05/2018 pointing out that the Expert Committee constituted by DGCA found the claim that human excreta was emitted from Aircraft to be fictitious and presumptive. 3
8. On 01.08.2018, the Tribunal took up original application No. 120/2018 (new number assigned to earlier O.A. No. 584/2016) for execution of order dated 20.12.2016. The Tribunal directed that DGCA must ensure compliance failing which coercive action may be required to be taken.
9. Review application filed by the DGCA on 09.02.2018 was thereafter taken up on 17.09.2018. This Tribunal recalled order dated 20.12.2016 and restored O.A. No. 584/2016 to its original number.
10. We have, thus, taken up the matter for fresh consideration in the light of the above and heard the applicant in person who is a Retired Lieutenant General. He reiterated the earlier submission that there is a possibility of faecal matter having fallen on the outer wall of the house from some aircraft.
11. We have given due consideration to the said claim. We note that the report of the CPCB, reproduced earlier, in para 3 while acknowledging that the sample had faecal matter, stated that source of the excreta could not be identified and no concrete information of the incident was available.
12. The Affidavit filed on 21.02.2017, by the DCGA, is that three Member Technical Committee was constituted on 05.12.2016 comprising of the following:-
4
1. Sh. A.X. Joseph-Deputy Director, DGCA Air Safety -
Chairman (work related to Investigation of aircraft Accidents /Serious Incidents /Surveillance and Audits).
2. Captain Pankaj Anand-Deputy Chief Flight Inspector, DGCA Flight Standards-Member (presently Examiner on Boeing 737-NG aircraft work related to Air Operators Permit/Inspections/documentations/surveillance and Audits).
3. Shri Deep kumar - Deputy director, DGCA Airworthiness
- Member (work related to certification of Aircraft airworthiness/maintenance/Approvals).
13. The Committee carried out investigation after coordination with all the major scheduled Airlines in India. The Committee compiled following information:-
"a. Procedure for disposal of lavatory waste on all aircraft.
b. Possibility of lavatory waste disposal during flight. c. Switch or a system available in the cockpit to dispose lavatory waste in air.
d. Similar instances occurred or reported in-flight on airlines aircraft in the last one year (such as opening of lavatory value during flight)."
14. The findings of the Committee are:-
"I. There is no switch or system available in the aircraft to dispose-off the lavatory waste in flight.
II. The lavatory waste can only be disposed-off on ground during its ground servicing of the aircraft. III. For disposing the waste, external latch panel on the aircraft body is firstly opened manually.
The Committee also examined the approach path vis-à- vis location of the house of the applicant and it has been observed that the residence of applicant did not fall 5 directly under the approach path and is about 400 meters right of approach path of R/W 27. The committee also examined similar incidents reported internationally one of the report has been discussed in the committee report."
15. Further affidavit filed by the DGCA on 01.08.2017 stated as follows:-
"1 &2 xxx xxx xxx
3. That vide order dated July 04, 2017, this Hon'ble Tribunal had passed an order in O.A. 584 of 2016 directing the instant Respondent to file an affidavit upon due consultation with the experts concerned and from the Aeronautical Department, whether in no circumstances intentionally, unintentionally or accidently it is possible for any aircraft to release waste from the air and it is not possible even if it is malfunctioning while flying. A true copy of the order of this Hon'ble Tribunal dated July 04, 2017.
4. That on 03/01/2017 all the three members of the Investigation committee constituted to investigate into the issues raised by Lt. Gen. Satwant Singh Dahiya, AVSM, VSM (RETD) in the Original Application 584 of 2016 filed before this Hon'ble Tribunal and along with Joint director General (Air Safety), DGCA HQ, had visited the IGI airport, New Delhi to physically check the system of disposing the lavatory waste from various types of aircraft being operated by schedule and Non Scheduled operators to/from IGI Airport, New Delhi. The said report has been placed before this Hon'ble Tribunal and is recorded at page 48 to 58 in the counter affidavit filed by the instant respondent.
5. The committee had made the following observations:
There is no switch or system available in the aircraft to dispose-off the lavatory waste in flight. The lavatory waste can only be disposed-off on ground during ground servicing of the aircraft. For disposing the waste, external latch panel on the aircraft body is firstly opened manually. Thereafter, the secured cap is opened manually followed by opening of a check value by pressing a lever and finally opening a ball value by pulling another lever.
Aircraft toilet waste is transferred to the lavatory disposal ground carts.
6. It is most respectfully submitted that the above process of toilet waste disposal is same irrespective of aircraft type.6
7. It is most respectfully submitted that some small aircraft types use custom made toilets in the aircraft. In such case, there is no mechanism available in these aircraft to dispose-off the waste in air.
8. It is most respectfully submitted that the only way to dispose-off the waste is on ground. On arrival of the aircraft, the toilet seat is physically removed from the aircraft and the human waste is disposed-off manually.
9. It is most respectfully submitted that subsequent to the Honourable NGT order dated 4th July 2017. The mail was sent to the schedule operators /Non schedule operators / Private operators to determine whether in any circumstances intentionally, unintentionally or accidently it is possible for any aircraft to release waste from the air even if the system malfunctions while flying.
10. It is most respectfully submitted that the reply received from various operators confirmed that there is no system on board the aircraft to release lavatory waste in air during flight. Information was collected from different types of aircrafts present all over the country.
11. Further, it is humbly submitted that DGCA has control over the civil registered aircrafts only and the military registered aircrafts does not fall within the jurisdiction of DGCA hence the same could not be examined.
12. It is most respectfully submitted that there is a robust system of reporting incidents by airlines to DGCA and no such incident has been reported till date. Further during the routine surveillance/inspections no such faults/malfunctioning specifically related to the issue involved herein has been reported.
13. In view of above findings and feedbacks it is submitted that the committee constituted for investigating the matter had already concluded in its report that the disposal of lavatory waste from the aircraft during flight is not possible. However, the issue was examined again on the direction of NGT and as per the feedbacks received from airlines/ NSOP it is reiterated that disposal of lavatory waste from the aircraft during flight is not possible whether intentionally or unintentionally or even when the lavatory system becomes unserviceable during flight. Thus it cannot be disposed off by pilot/aircrew during flight even accidently."7
16. The CPCB filed its further report on 26.07.2017 as follows:-
"That the aeronautical experts of DGCA provided the copy of report submitted to Hon'ble NGT in said matter vide email dated 25/07/2017 and explain the evacuation system of lavatory waste from aircrafts operated by schedule and non- scheduled operators. it was mentioned that the evacuation system of lavatory waste has triple protection and same is explained below:
a. In order to dispose and collect the waste from lavatory, external latch panel on the aircraft is opened manually. b. The secured cap is manually opened followed by opening of a check value by pressing a lever. c. Finally, another lever was pulled where ball value got opened and waste transfer to ground carts and for final disposal.
d. It was also mentioned that there is no control/switch available inside the aircraft to disposed off the waste while flying. The evacuation of waste can only be done mechanically and external latch, secured cap and lever/value can only be operated manually. e. The lavatory waste can only be disposed off on ground during its ground servicing of the aircraft. f. The process for disposal of waste is same irrespective of type of aircraft.
That DGCA also explain that small aircraft types use custom made toilets and there is no mechanism available in these aircraft to dispose off the waste in air. The waste is disposed off manually and toilet seat is physically removed from the aircraft.
That DGCA further informed that internationally such incidents are reported and report of Civil Aviation Authority (CCA), New Zealand has investigated such incidence where residents of rural areas had made such complaints. The report of CCA claimed that these events are not aircraft related."
17. Having regard to the totality of the circumstances, there is no clear material to link the waste found on the wall of the applicant to the Aircrafts. If such waste had come from the Aircrafts, the incidents would have been frequent, having regard to the large number of Aircrafts flying. Beyond the isolated two incidents which have been pointed out, there is no 8 material to ensure that such incidents are frequent. Thus, linking of the two incidents of excreta being on walls of the applicant twice, there is no reasonable possibility of the same being from an aircraft so as to burden DGCA with any liability or to award compensation to the applicant. There could equally be possibility of any individual mischief unlinked to any aircraft. In such circumstances, 'Precautionary' principle of environment law cannot be involved.
Accordingly the application is dismissed.
Adarsh Kumar Goel, CP S.P Wangdi, JM Dr. Nagin Nanda, EM Siddhanta Das, EM January 28, 2020 O.A. Nos. 584/2016 & 120/2018 A 9