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

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.

Comments

Air Traffic Passengers – Wake Up!
It was an unfortunate tragedy that shook the nation this morning. The joy of a final touch down in the minds of passengers and crew turned into a horror within seconds! I express my deep condolences to the bereaved families.
I feel we must take all steps to minimize chances of such tragedy.
During a landing, the pilots align the aircraft at recommended landing speed for Instrument landing, follows the glide slope till the aircraft is just near the runway and manually takes over the control, pulls the nose end slightly up to facilitate the belly wheels to touch the runway first. This is the crucial time as far as a pilot is concerned. As soon as the belly wheels followed by nose wheels touch the runway, pilot deploys spoilers on the wings to cancel the lift on wings to transfer the weight of aircraft to the wheels. Simultaneously, reverse thrust is deployed by directing the engine’s exhaust to forward direction to slow down the aircraft and then the brakes in the wheels come into action. From this brief narration it is clear that after an aircraft has landed the reverse thrust plays major role in stopping the aircraft.
Now a place like Mangalore airport which has a table top runway should have recommended using only the aircrafts fitted with engines having good reverse thrust, instead of depending on pilot’s skills. Boeing C17 Globemaster is a military transport aircraft with excellent reverse power. Those airlines who want to operate in conditions like table top runways should get custom built aircrafts with engines having good reverse thrust.
I feel air traffic passengers association should study the conditions in each airport and recommend the best solutions to the government bodies, instead of just sending condolences to the bereaved families and forgetting the mishap. How long can we blame the pilots who may not be alive to tell their story? All passengers should wake up to realize that they have a right to know about the type of aircraft, about the crews especially the pilots operating a flight, the conditions of airport facilities etc. Let us educate ourselves and get empowered to change the situation for better. Let us make a beginning.
Dr. John T. Eapen
09323281675
www.chaloglobal.com
The Root cause of Mangalore Air Crash A wrong attitude?

Perhaps the Mangalore air crash could have been averted if the pilot had taken heed to the suggestion made by his co-pilot, Mr. H S Ahluwalia, - to abort landing and take a go around. The co-pilot was based in Mangalore, was familiar with Mangalore airport and had flown 66 times to Mangalore airport. The details can be read from the following link
http://timesofindia.indiatimes.com/city/mangalore/Mangalore-crash-Captain-ignored-co-pilots-plea-to-abort-landing/articleshow/5992615.cms

Why did the pilot ignore co-pilots suggestion? One major reason could be that he wanted to avoid filing the reason for a go around which may affect his personal records. In other words he was more interested in his career than safety measures. In simple words, the heart of the problem was with the problem of the heart. A wrong attitude of one man in command has brought the present tragedy and heavy losses. From the present incident it is once again very clear that right attitude at work is very important in all spheres of life.

It is written, When pride comes, then comes disgrace, but with humility comes wisdom. (Proverbs 11:2). Whatever may be our profession, it is important to work with a team spirit and accept others opinions. In the modern world, humility is considered as a weak virtue and situation like this should make us realize the importance of this virtue in our everyday life. This virtue need to be inculcated in our children and students during their education or training so that when they rise to positions of power they will accept suggestions made by others and weigh the merits and demerits, instead of ignoring them. One thing we must accept is that creative ideas may come from any person, even from the least. Personally, I had to swallow my pride many times when things did not work the way I had planned, but worked better on someones suggestions. Creative ideas can come from any persons, even from a child. As an example I narrate the following story.

Two years ago, my 8 year old daughter and I faced with a problem before we went to bed. Mosquito repellent in the bottle had exhausted and we had only mosquito mats as alternative. However, the heater for the mosquito mats was kept somewhere by my wife and she had gone to her home town. I was searching for the mat heater and I could not trace it. When I came back to the bedroom I saw my daughter sleeping after fixing the problem. She plugged the existing liquid heater upside down, inserted the mosquito repellent mat in the space where bottle would be fitted and the system worked. We escaped from the mosquito bites that night. My training or education could not solve the problem, my daughters idea worked and I had to swallow my pride.

By the way, the position of an aircraft in relation to ground or terrain is referred as attitude. A pilot can know the attitude of his aircraft by observing the Attitude Direction Indicator (ADI) in the cockpit. Air India lost its first jumbo on Jan 1st, 1978 due to malfunctioning of ADI in the plane. The plane plunged into the sea near Bandra in Mumbai. The attitude of an aircraft can be well corrected by the pilot using the joystick (control column) in the cockpit. However, the wrong mental attitude of a pilot or a person cannot be controlled by other human beings. The attitude can be changed only by the Most High as explained in Bhagawad Gita 18:66.

Sarva-dharman parityajya
Mam ekam saranam vraja
Aham tvam sarvam papebhyo
Moksayisami masucah

Translation is:
Abandon all varieties of religion and just surrender into Me. I shall deliver you from all sinful reactions. Do not fear.
The surrender to Most High makes one to realize how insignificant one is in relation to the Universe and makes one humble. The result of surrendering to the Most High is given below.
But the fruit of the Spirit is love, joy, peace, patience, kindness, goodness, faithfulness, gentleness and self-control (Galatians 5:22

Dr. John T. Eapen
09323281675
www.chaloglobal.com
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