ESG had warned of crash risk at Mangalore airport

I have been following ESG for a while now, and Leo Saldhana is one good friend of mine with whom i debate a lot. In our talks, the Mangalore airport and the environmental and safety concerns were topics. I always tried to counter him by saying his reports and findings lacks credibility.But god has proved that he was right. And i m not going for a debate this time. But state govts before giving NOC and central govt before giving approvals, please look into all minute details and reports. We need airports, let there be a maximum (considering jet engine limitation of 180 km), but safety first. And to be little sarcy, i always thought why Air India is not getting into any mishap, esp Air India Express. My prayers for once who lost their lives and their family.
Environment Support Group and Leo Saldhana in Mangalore had filed a PIL in 1997 and 2002 alleging that the plans for Mangalore airport's second runway were flawed suggests we take a close look at their arguments. I am appending their latest press release below. And an archive of earlier documentation on Bajpe airport, Mangalore (IXE) can be found here ..


Environment Support Group
PRESS RELEASE : 22 May 2010

Mangalore Air Crash Tragic Fallout of Criminal Negligence of Planning and Regulatory Authorities

An Air India Express Boeing 737-800 aircraft arriving from Dubai with 167 on board 2010 tragically crashed at Mangalore International Airport at 6.30 am today (22 May 2010). It is reported that the plane overshot the runway while landing and fell over a cliff resulting in this disastrous crash. Very few are known to have survived this horrific crash.

This was no accident, but the direct result of deliberate failure of officials at the highest level in the Director General of Civil Aviation, Airports Authority of India, Ministry of Civil Aviation and the Government of Karnataka for allowing this 2nd runway to be built in criminal negligence of applicable norms and standards. Such a strong charge is being made as the likelihood of this kind of a crash (the worst case scenario) was predicted. A series of Public Interest Litigations were fought by the undersigned to stop the construction of this 2nd runway in Mangalore airport on grounds that the design simply did not conform to the most basic national and international standards of airport design. The PILs also highlighted that the airport does not conform with the most minimum safeguards for emergency situations – particularly during landings and takeoffs, and could not have emergency approach roads within a kilometre on all sides of the airport as required.

It is truly sad that because of the failure of key decision makers at the highest levels so many innocent lives have been lost. It is quite possible that many lives were lost as emergency rescue teams could not access the crash site due to the difficult terrain (a valley) for over a hour after the incident, even though it was proximal to the site.1 Vimana Nildana Vistharana Virodhi Samithi (Local Communities Alliance Against Airport Expansion), Bajpe and Environment Support Group had repeatedly highlighted the high risk expansion of the Mangalore airport during the late 1990s. The expansion was proposed to enable flight movements of wide bodied aircrafts, such as Airbus A 320. Authorities were repeatedly informed that the proposal did not at all conform with the standards prescribed for runway design as laid down by the Director General of Civil Aviation, National Building Code of India and Ministry of Civil Aviation. Further, considering that the airport was proposed for international flights, a case was also made that the 2nd runway could not conform with International Civil Aviation Authority standards due to terrain limitations.

No one in authority cared to listen to our fervent pleas. This even when we demonstrated through a variety of representations that that the site chosen for expansion at Bajpe was surrounded by deep valleys on three sides of the runway and did not provide for emergency landing areas as required.

This neglect of our legitimate concerns forced us to move the High Court of Karnataka in a PIL in 1997 (Arthur Pereira and ors. vs. Union of India and ors., WP No. 37681/1997). A key concern raised was that the 2nd runway in Mangalore could not meet the standards required in dealing with an emergency, particularly during landings and takeoffs – a time when air crashes are most likely to happen.

The Airports Authority of India filed an affidavit in Court dismissing all our concerns and stated this, amongst other things:

“It is submitted that as regards the apprehensions of the petitioner that the Length and width of the runway is insufficient for a plane making an emergency landing, the same is without any basis. It is respectfully submitted that all the requirements as per the ICAO recommendation will be met and that there has been no infringement of any of the recommendation and limitation therein.” (Copy of this affidavit dated 14 October 1998 is accessible at: http://www.esgindia.org/campaigns/bajpe/docs/Statement%20of%20Objections%20of%20AAI.htm)

On the basis of this affidavit, Hon’ble Chief Justice Mr. Y. Bhaskar Rao and the Hon’ble Mr. Justice A. M. Farooq (as their Lordships then were) dismissed this PIL ordering as follows:

“It is stated that the fear of the petitioners that the runway is insufficient for any emergency landing of a plane is without any basis since before the project is to proceed, the authorities will be meeting the recommendations of the ICAO. It is also stated that there is no basis for the allegations made by the petitioners to the effect that the various safety measures have not been followed. That on the other hand they will be getting all the relevant materials described by the petitioners which will be followed in letter and spirit without which the airport would not have been conceived in the first place.

Thus it can be seen that the expansion of Bajpe airport project is at the initial stage and the second respondent has in their objections mentioned above unequivocally stated that all the safety measures etc., stated by the petitioners in their writ petition will be followed during the progress of the project and nothing can be said before the lands are handed over to the second respondent. Considering these facts, we are of the view that the petitioners have rushed to this court before commencement of the project itself and the writ petition is premature. It is not, therefore, necessary to consider the various grounds taken by the petitioners in the writ petition to allege that the respondents have been proceeding with the project in a casual manner. There is nothing to doubt about the statement made by the second respondent in their objection statement and we are sure that the respondents will be taking all necessary measures under the different enactments etc.., before proceeding with the project in question. The writ petition stands dismissed.” (Emphasis added. A copy of this order is accessible at: http://www.esgindia.org/campaigns/bajpe/docs/1998%20Karnataka%20High%20Court%20Judgement.htm)

Even though alternative sites existed, the authorities proceeded obstinately to expand the airport yielding to pressures from business, real estate and hotel lobbies who benefited immensely from an airport at Bajpe. Politicians keen to make the expansion a part of their legacy overlooked all concerns raised. Even at the existing Bajpe alternative sites existed to expand the airport, that conformed with most safety norms, but this site was not pursued as it would affect large landholders and influential people. Consequently, nothing whatsoever was done to respond to the concerns we raised about the risks involved in the 2nd runway.

The Airport Authority did not even have a proper feasibility study, and claimed that such a critical information detail would only be prepared after the land was acquired for the airport. Surely this amounted to putting the cart before the horse, for the study, even if eventually prepared, would have been tailor made to justify the decision to so expand the airport.

Distressed by such a turn of events and the absolute lack of compliance with applicable norms and standards, we appealed to the ICAO to intervene in the matter. The ICAO claimed did not respond and so we returned to the High Court with a fresh PIL in 2002. In this exhaustively researched PIL many significant concerns were raised and a case was made that the 2nd runway could not conform with ICAO norms for the following reasons:

“Minimum Area for Stop-way: At page 155 of the said (ICAO) report, para 2-1 prescribes standards for providing the minimum area for a stop way and/or a clear way in the event an aircraft undershoots or over-runs the runway. For instance, if an aircraft has initiated take off, and a technical flaw requires emergency stop, the standard prescribes the minimum area that should be kept free to enable such a stop. In the instant case, the runway distance itself is about 2400 metres, and even if the area left is most cautiously utilised, what is left is only about 300 metres on each end of the runway. By the prescribed standard, this is far below the required distance needed for an emergency stop way. Therefore, the chances of an aircraft that has achieved the decision speed forcing an emergency stop are critically minimised, and the inevitable consequence could be that the plane would come crashing down the hillsides from a height of 80-100 metres on either side of the proposed runway.” (Emphasis added. A copy of the PIL is accessible at: http://www.esgindia.org/campaigns/bajpe/docs/Bajpe%20HC%20PIL%2020905%20May%202002.htm)2

The High Court of Karnataka dismissed this PIL initiative by their order dated 27 May 2002 (WP 20905/2002) stating the following:

“No doubt, in an appropriate case, this Court can issue directions, if there is gross violation of fundamental rights or if the issue touches the conscience of this Court, but not for personal gain or political gain. The construction of 2nd Runway and Terminal Tower in Mangalore Airport will otherwise be in the interest of public. Learned Counsel has not been able to show how the construction of 2nd Runway and Terminal Tower in Mangalore Airport will be against the public interest. On consideration and in the facts of the given case no direction as prayed for can be issued in this PIL. The authorities concerned have to complete all formalities as per law before commencement of the project. Accordingly, this Writ petition is dismissed. However, it is made clear that dismissal of this petition will not preclude the concerned Authorities to take all necessary precaution and to complete the formalities as per law before proceeding with the project in question.” (Emphasis added)

In a desperate effort to stop the Mangalore airport from so expanding and needlessly exposing innocent people to unnecessary risk, we went on appeal against the High Court order to the Hon'ble Supreme Court of India. Dismissing the appeal, the Supreme Court ruled 07 February 2003 in Environment Support Group and ors. vs. Union of India and ors. [SLP(C) 1172 OF 2003] as follows:

“We see no reason to interfere with the impugned order. Accordingly, the special leave petition is dismissed. We, however, clarify that in constructing the Airport, the Government shall comply with all applicable laws and also with environmental norms.” (Emphasis added. A copy of this order can be accessed at: http://www.esgindia.org/campaigns/bajpe/docs/BAJPE%20SC%20ORDER%20070203.htm)

One hopes with the benefit of hindsight that the Director General of Civil Aviation or Airports Authority of India had complied with this order of the Supreme Court and ensured Mangalore airport was developed in full conformance with applicable laws, standards and norms. In case the current site was not feasible, they could have easily explored alternate sites, as such sites did exist – within Bajpe itself, or even in Padubidri, between Mangalore and Udupi. Instead, the authorities preferred to view the Supreme Court order as a victory, as did the Karnataka Government and Mangalore Chamber of Commerce and Industry which had systematically campaigned for the expansion.

Without any further hesitation the 2nd runway construction began in 2004 and was commissioned in May 2006. No techno-economic assessment, feasibility study, or even an comprehensive Environment Impact Assessment was ever done for the 2nd Runway. Simply put, the runway was built in comprehensive violation of applicable laws, standards and direction of the Hon'ble Supreme Court.

On 8th March 2004, we wrote to Dr. Naseem Zaidi, Chairman (Addl. Charge) & Joint Secretary, Airport Authority of India, Ministry of Civil Aviation, Government of India, reminding him of the need to comply with the Supreme Court direction. In particular we highlighted that “such action would jeopardize passenger safety, put local communities to risk, needlessly dislocate people by acquiring land on a location that in no way could comply with the said provisions and thereby contributed to gross wastage of public money and resources.” We did not get any response.

Six years later today we are mourning the unfortunate death of so many people who should have been alive. We are clear that this is no accident, but a direct result of the series of deliberate failures of officials and key decision makers at the highest levels of all authorities connected with the decision to allow the 2nd runway to be constructed and commissioned. Of course all sorts of explanations will be on offer, but none of that can bring lost lives back or cure the tragedy that has wrongly befallen so many families.

India today is frenetically building airports all over, and for all sorts of flaky reasons. Such is the political, bureaucratic and corporate pressure to build and expand airports that anyone questing the rationale is quickly dubbed as a “busybody”, “useless interloper”, “promoted by vested interest” and raising “frivolous” concerns.

To ensure such incidents do not recur, we demand that the Union Minister of Civil Aviation orders an impartial Commission of Enquiry into the causative factors of this crash, especially investigating the absolute lack of conformance with basic runway design standards and emergency approach measures.

As a small tribute to those who lost their lives in this tragic air crash, ESG offers to assist crash affected families to initiate a damage suits against the Government. We will also initiate criminal negligence proceedings against all authorities connected with the decision to commission the 2nd runway at Mangalore in violation of the directions of the Hon'ble Supreme Court. We take these corrective actions in the hope they would serve as a deterrence against the lackadaisical approach to critical decisions by key decision makers.

Leo F. Saldanha
Coordinator
Environment Support Group
Cell: 9448377403
Email: leo@esgindia.org

Arthur Pereira
Trustee
Environment Support Group and
Spokesperson
Vimana Nildhana Vistarana Virodhi Samithi, Bajpe, Mangalore
Cell: 9449208264/9481439921
Email: arthurjpereira@gmail.com

1That such a crash has occurred at the Mangalore airport is unpardonable as a similar crash had occurred at this airport over a decade ago. Fortunately the plane did not tip over into the valley and all passengers, including Union Law Minister Mr. Veerappa Moily, were fortunate to escape..
2This safety standard of ICAO also applies to air crafts when landing. It is truly sad that today's tragic air crash could be a consequence of the lack of conformance with this standard. For further details, contact:

-- Environment, Social Justice and Governance Initiatives, Environment Support Group - Trust, 1572, 36th Cross, Banashankari II Stage Bangalore 560070 Tel: 91-80-26713559-61 Voice/Fax: 91-80-26713316 Email: leo@esgindia.org Web: http://www.esgindia.org/
ends

The Bucked List

I made a list of things that I wanna do before I die.

So here’s my “Bucket List” (I’m calling it the Bucket List cause I love the movie). Super aimless things that I feel like doing. Things what I think of doing when I have nothing else to do but I really wish I did them.

As of 14th May 2010:

1. Buy all the original cd’s of my favorite artists.
2. See John Mayer in concert.
3. Spend a whole night in sea alone in a boat.
4. Visit some Old Age home every week. Love talking to old folks.
5. Go skydiving. (I’m real scared of such stuff)
6. Diving with sharks.
7. Learn how to take a compliment. I feel kinda embarrassed if someone says something good about me. Weirdo like me.
8. Learn not to say yes when I really mean NO!
9. Spend a night at an allegedly haunted house. All by myself.
10. Fall hopelessly in love.
11. Go Ladakh once an year
12. Hate Twitter and Facebook.
13. Win Grammys for Best Record Label/ Best Record Producer.. Let it be anything.
14. Learn French & Italian
15. Be able to understand the whole SEBI rules and regulations.
16. Go to Vegas. Crazzzzzzy! :) i know.
17. Try smoking some drug just to see what it feels like.
18. Learn Bartending. The idea of being a Bartender fascinates me.:D
19. Drive all night not knowing where I’m headed.
20. Elope. Just once. For fun. Seriously, I wanna do that. (Hope mom isn’t reading this! :P )
21. Be able to express how I feel deep inside.
22. Tour the whole of India before going for a world tour.

There are too many things to be done. I can’t think of all of them right now. The list, I guess, it would be updated every now and then.

And I hope I do, if not all, at least half of it.

P.S: I exclude stuff like “I wanna buy a house or a car”. That is something everyone wants to do!

The Rent a Riot Brigade

Headlines Today – Tehelka Investigation (Un Edited Press Release from Headlines today)

A Headlines Today – Tehelka investigation unmasks the real face of Karnataka’s moral brigade, Sri Ram Sene. Headed by Pramod Muthalik, the self-appointed custodian of ‘Hindu culture’, Muthalik shot to fame through the infamous attack on the Mangalore pub last year when young, unsuspecting girls were assaulted and dragged out for what the brigade called ‘indecent behaviour.’’

But in a six-week long joint investigation, Muthalik, the same chief lieutenant of the Sri Ram Sene has been caught on camera accepting money from an undercover reporter who posed as an artist. After accepting a token contribution of Rs 10,000 “for his contribution to the cause of Hindutva,’’ the reporter discussed a devious proposal with Muthalik. He was a painter, he said, who wanted to shoot to fame and wealth like MF Husain.

The joint investigation exposes how Muthalik and his chief aides are willing to incite a riot for the love of lucre. As per the proposal discussed first with Muthalik --- who in turn put the reporter in touch with his aides – the Sene would help vandalise the ‘artist’s’ exhibition, at a sensitive locality, dominated by Muslims.

Sample this conversation:

REPORTER - main chahta hun sir mujhe popularity mile or popularity milegi to mera business bhi badh jayega... agar aap kahen to main ..aap mujhe ek dayera bata de ..ki itna kharcha aa jayega ……itne ladke honge …itna advo…matlab vakilon ka ..hum log to complaint hi nahin karenge ..kyunki wo to hamari understanding hai...to sir lekin ye hai ki aap mujhe jo batayenge main advance aapke yahan chod kar ke jaunga uske baad aapko kahunga ki ye sir pura aa gaya hai aub sir kaam kar do …..

Muthalik's ready response, “Mangalore main kar sakte hain …………..Bangalore


The next step was to fix the price. For this we were told to contact Pramod Muthalik’s trusted lieutenants. One was his deputy, Prasad Attavar, who was on the run from the police and the other, Vasant Kumar Bhavani was the head of the Bangalore unit.

We met Attavar four times...and only once as a free man... Soon after our first meeting he was arrested...but that was no hinderance. His clout is such that paying the right officials we could still freely meet Prasad Attavar inside the jail compound and we could still discuss on how the Ram sene could be hired to stage a riot.

reporter – 15 lakh dega hum aapko ….
Prasad- haan?
reporter – 15 lakh dega
Prasad- nahin wo main calculate karke …kal
We met Attavar twice at Mangalore jail and once inside the high security Bellary Jail.
Prasad- main aapko batata hun kitna paisa chahiye…..
reporter- Ladka kitna hoga …..?
Prasad- pachas [50]
reporter- 50 ladka hoga jo tod fod ….danga…..type…karega
Prasad- haan…………. bilkul……wo ye….sub kiya na …..pub ka……. Same aisa hi …..[Mangalore Pub case]
reporter- same…jaisa pub main kiya na …waisa hi tod fod …danga….
The most practical riot arranger was Vasant Kumar Bhavani, the Shri ram Sene’s Bangalore head. Vasant suggested the location and the timing and most chillingly, even suggested the name of a chief guest: BHAVANI - Mumtaj Ali ko hi bulayie na
REPORTER - Kisko ….

BHAVANI - Mumtaj Ali Khan …

REPORTER - ye kon hain …..

BHAVANI - waqf board ka minister hai na …..abhi

There was further evidence of the Sene's preparedness and calculated approach to protests and destructive violence. While discussing the aftermath of the attacks, when the ‘artist’ offered to not file cases against the Sene, Bhavani turned the suggestion down. If cases weren't filed against the attackers, people would suspect that the attack had been pre-engineered. It didn't matter if they would be hauled to court, said Bhavani. They were prepared to deal with such conditions and ‘artist’ would be handed instructions over how to deal with the legalities, once the attack had proven successful.

The investigations establishes how the self styled custodians of Hindu culture function. They fly the flag of public morality but are not averse to arranging a riot. They are not ideological custodians of ‘Hindu culture”. Their ideology, in fact, appears to be dictated by cold calculation of hard cash.

BOX

The cast of characters caught on camera

Pramod Muthalik,
President, Sri Ram Sene
Agrees to the undercover reporters proposal to rent a riot
Does not discuss monetary details because he says, “he has an image to keep”
Prasad Attavar,
national vice president Sri Ram Sene.
Owner of a security agency in Mangalore
Accused of working for underworld don Ravi Poojary
Accused of being involved in extortion cases in coastal Karnataka.
Vasantkumar Bhavani,
Bangalore city unit head of Sri Rama Sene.
Sene's defacto public relations man.
Fluent in English and Hindi… lives in Bangalore
He is the man who discusses the nuts and bolts of the rent-a-riot

Jeetesh
Head, Udupi Unit, Sri Ram Sene
Ex-RSS and Ex-Bajrang Dal
Charged for murder of a moulvi
Bragged about attacking 4 priests at a church
Bragged about attacking a Moulvi

Rat or Rascal?

Rat or Rascal ?? The choice is yours

Jharkhand is a classic example of the damage the political class does to India. One of the richest parts of the country, it has been reduced to a cesspool of iniquity, graft, deception and crime. One statistic sums it up: in the nine years of its existence, there have been seven governments. Shibu Soren has been chief minister three times – the first time for ten days in 2005, the second time for five months in 2008; the third-time drama is unfolding right before our eyes.

Shibu Soren is a star of Jharkhand. He became people’s “Guruji” when he fought the moneylenders who were terrorizing the adivasis. But, with the first whiff of political power, he turned into one of the most cynical leaders of our time, accused in at least two murder cases and several graft cases including the notorious JMM bribery case for which he was jailed. He had to resign his union cabinet positions as well because of criminal cases. Our politics allow such a man to manoeuvre for his son to become chief minister while he himself moves on to a cabinet post in Delhi.

That is said to be one of the calculations behind the present farce. Look at the sequence. Soren is an ally of the BJP, but votes against the BJP’s instruction on the cut motion in Parliament. (This is the man’s style. When he was with the Congress, he voted against the Congress stand on the nuclear bill).

The BJP promptly decides to withdraw support to his government. Soren then says he voted by mistake. Simultaneously his son Hemant Soren makes noises supportive of the BJP. Father and son say “new arrangements” will be acceptable to them. That was supposed to man a new BJP-backed government where the younger Soren will be Deputy Chief Minister if not the CM. Thrilled at the prospect of installing a BJP chief minister, the party’s man in charge announces a revised decision to “withhold” the old decision to withdraw support. There was not even a trace of shame on the face of the man in charge when he announced this crude powerplay.

Other unseen manoeuvres make it cruder still. While the BJP was prompt in moving against Soren who was only an ally, not a party member, there was no action against a party MP who absented himself on the crucial cut-motion voting. This was Sanna Pakirappa, BJP’s own MP from Raichur. Was his disobedience condoned because he is the cousin of one of the Bellary Reddys whose money is keeping the BJP in power in Karnataka? Was it also linked in any way to the Soren camp saying that the BJP had been pressurizing the Soren Government to allow the Reddy Brothers to get into the mines of Jharkhand as well? Pakirappa’s intriguing absence on voting day also led to speculation that the Congress could be striking a deal with the Reddy Brothers to destabilise the BJP. Or could it be that the Reddys are striking a deal with the Congress to regain its mining plunder rights currently in dispute?

One reality rising from it all is that the politician’s appetite is limitless. If they were only reasonably greedy, Jharkhand would have been one of the country’s most prosperous states. It ranks first in India in its deposits of iron, copper, mica, kainite and uranium. Its industrial cities are also top rankers: Jamshedpur, Ranchi, Dhanbad, Bokaro (which has India’s largest steel plant, explosives factory and methane gas well). How bright life could have been for the people of the state.

The political class sabotaged everything in its pursuit of power and money. It does not matter how the latest crisis works out. The choice is between rogues and rascals. Victory will be meaningless because Jharkhand will lose. Which is more or less the same situation across our vast and fertile country, isn’t it?

Everyone is naked in the music industry's hamam

The arrest of Guruji.com executives (as explained in the previous post here) and the question of piracy is very dicey. Especially, when there are only a few legal precedents in India. From what I hear, everyone is naked in the hamam of music industry. Imao, the record companies are not so innocent either.

Some music companies deliberately allow their music to be pirated so that its fan base improves and the song becomes an instant hit. Then they sell associated merchandise (like ring back tones) and make money out of it. That Audio CDs are passe is common knowledge. That real money lies in digital sales of a new kind is known to many.

Here's how: If one person makes a song a ring back tone, the record company makes approximately Rs 8. The FM companies also pay Rs 4-5 per play for a song. I need not wax lyrical about the penetration of mobile phones in India do I? Also let me leave the math to you. The new revenue model, even if one goes by conservative estimates, should be fairly successful. All this (the arrest and all) is most likely hogwash or perhaps the decision of a greedy top management.

The artists, directors, lyricists-- all get screwed, because, according to the contract, they are not entitled to royalty/ a dime, on merchandise. So before anyone begins moralizing on piracy and associated BS, they should come clean themselves.

CopyrightS??????

I'm not really sure if Gizmodo did the right thing by buying "stolen" property for the "benefit of its readers" and running stories on the 4th generation Apple iPhone which is yet to be launched (some people say that it will be launched in June). Because I do not have access to first hand information and it is a sensitive topic, I will not write about it here.

Scott Adams is a genius. Check out: www.dilbert.com

Closer to home, there are other issues to be debated. For example the arrest of Guruji.com executives in Bangalore for allegedly making available copies of copyrighted musical works owned by T Series. The police arrested Anurag Dod, CEO of Guruji.com and other executives on Friday.

The First Information Report (FIR) registered in Bangalore states that this is “for infringement and displaying in Guruji.com web site film songs of 1) Om Shanthi Om 2) All the best 3) Bhool Bhulaiya 4) Apka Suroor 5) Aashiq Banaya Apne which belong to Super Cassettes Industries Ltd Copy Right Owner Ship”.

Guruji.com is a search engine. Now if it is advertising pirated products as such, then perhaps we have a case here. But otherwise, it is quite stupid to arrest those guys. Its like arresting L&T executives because people have been transporting hooch over the flyover they built. A search engine's job is to search and give results. Which it does based on an automated process. It however, has the responsibility of taking off offensive content (including pirated ones) once it has been informed. The IT act of 2010, which is the amended version of the IT act of 2000, can't be used to prosecute here. However, T Series can try the Copyright act -- Not against the search engine though. If that is not the case, it will have to sue