Courts Update Delhi HC dismisses plea to convert CNG cylinders to...

Delhi HC dismisses plea to convert CNG cylinders to O2 cylinders

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New Delhi, May 17 (ILNS): The Delhi High Court today dismissed a petition filed by Teesta Petrotech Private Limited, claiming that conversion of CNG cylinders of 75 litres (used in CNG cascade) may be used as Medical Oxygen storage and that could be a very important milestone to add many more cylinders to avert the crisis. 

The Division Bench of Chief Justice DN Patel and Justice Jyoti Singh heard this petition and observed that the petitioner is praying to grant permission to convert CNG cylinders into oxygen cylinders, which cannot be permitted. 

The Counsel for the respondent submitted before the court that they have filed the status report in this regard and clearly stated that it is not possible to do so. Taking reliance on the status report filed by the respondent, the Court held, “We see no reason to entertain this writ petition. The petitioner has submitted that he is an expert in this regard, but this needs a policy that must be created by the government only.” 

The plea said: “This possibility may kindly be considered and explored in the interest of saving human lives. The petitioners are duly recognised by the Chief Controller of Explosives Petroleum and Explosives Safety Organisation (PESO) having vast experience and proper infrastructure for cylinder de-gassing & washing are ready and willing to carry out this critical activity.”

The petitioner in this matter is a company, having its registered office at Noida. It is a dependable service provider, affianced in providing well-managed CNG Cylinder Testing, Pressure Vessel Testing, H2 Cylinder Testing, Cylinder Valve Testing, Cylinder Wall Thickness Measurement, Ultrasonic Flaw Detection and Cylinder Hydrostatic-Stretch Testing. 

Petitioner no 2 Tapan Sarkar is the Managing Director of the petitioner company and a technically qualified professional, having over 30 years hands-on experience and training in all areas of activities associated with O2 filling in cylinders & storage and transportation of LOX in mobile Tanker.

The petitioners submitted before the Court that they are authorised by the Chief Controller of Explosives – PESO, as ‘Competent Person’ under Static & Mobile Pressure Vessel (U)-2016 Rules under Explosives Act-1884 and also under Gas Cylinder Rules-2016.

Between 1995 till 2014, the petitioner company has inspected hundreds of LOX tanks installed at several hospitals within the NCT-Delhi region, including AIIMS, Safdarjung Hospitals, Sir Ganga Ram Hospital, Jaipur Golden Hospital, Mata Channa Devi Hospital, Escorts Hospital, New Friends Colony & Faridabad, Fortis Hospital-Chandigarh and Amritsar. 

The petitioner company has also extended services and inspected cryogenic installations at the manufacturing facilities of M/s INOX Air Products Limited, at Greater Noida, Mohali-Barotiwala, Mandi G Garh (now closed) and also similar tanks of M/s Goyal Gases Limited, M/s Praxair Limited, M/s BOC India Limited (then), Faridabad and many more standalone cryogenic storage tanks installed within the steel manufacturing installations at Ballabhgarh, Ludhiana, Mandi G Garh. 

This petition is being preferred by the petitioners in view of the present serious situation of patients during this difficult time of COVID-19 pandemic, which arose owing to acute shortage of ‘Oxygen Gas-O2’ stored in ‘Cylinder’ and ‘Liquid Oxygen-LOX’ stored in ‘Cryogenic Tank’ across all hospitals in the country and the NCT-Delhi in particular.

The hospitals are facing gross shortage of cylinders in ensuring adequate and uninterrupted supply of all important lifesaving ‘Oxygen Gas,’ which is O2 in cylinder and Liquid Oxygen, LOX in cryogenic tank in hospital. 

The petitioners, in view of having quite fair and thorough knowledge on O2 and LOX tank installation and testing of CNG Cylinder and H2 Cylinder etc. wishes to express to this Hon’ble court its interest and willingness to share its expertise and knowledge related to handling and supply chain management of O2 and LOX within NCR-Delhi, which may possibly help to minimise present crisis of O2 and LOX storage and its supply within NCT-Delhi to meet the present sky rocketing demand of O2 and LOX. 

The petitioner has also submitted that they already had made representation to this effect to the Hon’ble Chief Minister of Delhi and the same has been acknowledged and forwarded by the OSD of the CM office to the Hon’ble Minister of Health & Family Welfare- NCT of Delhi on 28.04.2021.

However, the said representation has not been responded yet so petitioners felt it wise to file this Petition before the High Court.

As Respondent has also submitted before the bench that similar matter is pending before the Supreme Court so Court sees no reason to entertain this petition. Dismissed Accordingly. ILNS\DS\SJ\RJ

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