Ahmedabad, Feb 25: A division bench of the Gujarat high court has dismissed a petition filed by the Gujarat Navodaya Mandal challenging the chief wildlife warden's decision to permit the Jamnagar-based Rs 9,000-crore Reliance Petroleum Ltd (RPL) to lay a pipeline through the Marine National Park and Sanctuary.The petitioner contended that the chief wildlife warden had no powers under section 29 or 35 of the relevant Act to grant permission for using any part falling under the boundary of the sanctuary for purpose other than better management of wildlife. It was further argued by the petitioner that a likely leak or spill from the pipeline could irreparably damage the sanctuary's flora and fauna.
The bench comprising justice SD Dave and justice SD Pandit, after hearing the counsels of both the petitioners and respondents, ruled on Tuesday that the special civil application deserved to be dismissed as the project had been cleared by the union ministry of environment & forests.
The 18.36 hectares of landfalling under the park is to be used by the 18 mtpa grassroot refinery for providing single-point mooring (SPM), crude oil terminal (COT), crude and products pipelines (CPP), products-movement jetty, storage and dispatch facilities, water intake and outfall channel.
The sanctuary director in Jamnagar RC Pal in his affidavit-in-reply defended the permission granted for laying the pipelines in pursuance of environmental clearance, covering both the terrestrial and marine ecosystem. The permission was granted by the then chief conservator of forest and chief wildlife warden under sections 29 and 33 of the Wildlife (Protection Act), after receiving the Centre's approval under the Forest Conservation Act.
The work on the pipeline was yet to begin and the company would strictly adhered to the conditions, most of which were for the post-erection stage, during operation and maintenance.
The director submitted that the permission was given, looking at the need of the industry, interest of national developmentand public interest. He said it was incorrect to state (as in the public interest litigation) that the proposed pipeline would pass through Narara Jungle or Narara Reef.
He said the Reliance was granted the permission only after expert bodies like National Institute of Oceanography (NIO), Marine Services and Ecology Division of Council of Scientifica dn Industrial Research (CSIR) had approved it.
The counsel for Reliance contended the pipeline component of the project was selected after taking into account a detailed study by the Hyderabad-based Indian Resources Information and Management Technologies Private Ltd (IRIMT), besides two premier public sector organisations. Reliance Petroleum plans to plant 25 lakh trees in the area which is almost barren at present.
Out of the 18.36 hectare of land to be used for laying the pipeline 16.04 hectare was `non-forest', 1.97 hectare `unclassed forest', falling in the sanctuary, and 0.33 hectare -- `non-forest', falling within the marine park.
He furthercontended that since large sums had already been committed or spent in the project on a global basis, any more delay would result in escalation of cost, and in country's continued dependence on scarce alternative fuelwood and imported crude.
Copyright(c)1998 Indian Express Newspapers (Bombay) Ltd.
