The petitioner alleged that the proposed projects were within the missile range of neighbouring Pakistan, which is only 100 kms from the proposed sites. As the proposed projects would be storing millions of tonnes of crude oil, any missile attack would wreak havoc on the people of Jamnagar district. The petitioner also stated that it had made several futile representations to the defences forces.

An affidavit filed by Essar stated that the petition was not maintainable as petitioner-Samiti's vice-president had earlier filed a petition, but had withdrawn it. Also, it was stated that the proposal to start a refinery was started in 1990, and the proposal was widely covered in the newspapers. Besides, thegovernment of India had issued the Letter of Intent on January 6, 1990. The affidavit filed by Reliance stated that the petitioner's apprehension about war was misplaced and that ministry of defence was consulted.

While rejecting the petition, the court observed that it did not think the Centre had ignored all the aspects while granting Letter of Intent. ``The Government of India must have consulted the Defence Forces and various other authorities concerned before granting the Letters of Intent. The apprehension voiced by the petitioner-Samiti is only hypothetical and not based on any scientific fact,'' the court observed.