But assuming that both P&O and the Maharashtra government decide to pursue the matter, the construction of the port remains a possibility. To start with, the Dharmadhikari committee has declared the port project "impermissible and illegal" but only in the context of a central government notification that has classified Dahanu as ecologically fragile. The ecologically fragile status is combined with a regional plan - according towhich only Dahanu can be developed.

This problem can be rectified, albeit with some difficult and more time. First, the regional plan can be amended. But here the order just served has warned that all changes must respect the ecologically fragile nature of the area. If a swift amendment of the regional plan is not sufficient to enable the construction of the port, the state government will simply have to appeal to the central government for the de-notification of Dahanu as eco-fragile.

Here the state government has some fairly strong ground support. In opposition to the lobby of chickoo orchard owners who have been instrumental in getting Dahanu notified and taking on P&O on the port project, the local industry association has already appealed for revoking the notification. They see it as a draconian piece of regulation that prevents growth and has stymied their business prospects for so long.

Also, here the environmentalists have no ground swell of support for their cause. Their failure to muster thenumbers necessary to sustain a mass movement has time and again forced them to use the law to save their interests. To mass base a campaign in the area would be practically impossible. Orchard owners contribute a small section of the population. Over 70 per cent of the locals are Warlis - a tribal community that lives in the forests nearby or work the farms.

This community is unlikely to ever enter the fray either for or against the project. In fact, after the BSES power plant came up, the agricultural workers have seen a sharp rise in the daily wages paid for farm labour. In fact the local understanding is - "if its bad for the orchard owners, it must be good for us." The only ones adding their mite to the protest will be the fishermen and the land owning community, which stands to lose its land.

But on the whole the state government's request for denotification might not raise hell. The ball is then in the court of the ministry of environment and forests. Fortunately for the state government, theministry is headed by Suresh Prabhu a Shiv Sena MP from state. They will certainly get a sympathetic hearing, if nothing else. The de-notification if at all it comes through will no doubt be challenged in the court of law. And so will begin a long saga all over again.

There is one issue that has remained unresolved. Can a new port be constructed in a coastal zone regulation (I)(i)? Legal opinion is divided, and the Justice Dharamadhikari committee has refrained from addressing the issue. It has clearly asked the state government to seek a clarification from the High Court, if it so wishes. Dharmadhikari's order may not have sounded the death knell for the project. What it has done is delay it - quite severely, if one looks at the legal tangles involves. And for the state government it could prove to be a costly project.