Back
2000 Supreme(Guj) 599
Gujarat High Court
Judgename :M.R.CALLA, R.R.TRIPATHI
HALAR UTKARSH SAMITI - Appellant
Versus
STATE - Respondent
S.C.A.1778 of 2000
Decided On : 08/03/2000
Headnote:
Wild Life (Protection) Act, 1972 - Sec. 26-A (3) and Sec. 35 (5) - Environment (Protection) Act, 1986 - Environment (Protection) Rules, 1986 - Petitioners seek to challenge the authorisation by the State Government granted vide letter issued under the signatures of Addl. Chief Secy. - Held, Principles laid down in various decisions rendered by the Supreme Court which have to be taken as the guiding and binding principles for the purpose of interpretation. Therefore, our task is to give the correct import and interpretation of Sec. 29 of the Wild Life (Protection) Act, 1972 on the basis of the aforesaid principles which stand crystallised as part of the judicial opin. I. O. n through various decisions to which the reference has been made hereinabove - Four pipelines are already in existence. The fifth one is the pipeline to be laid down by for which the authorisation was granted in and which is the subject-matter of challenge in these petitions - Even on the principle of one time action or minimum loss etc. which have been pleaded throughout on behalf of the respondents, the area which is established as sanctuary/national park cannot be allowed to be a network of pipelines, and therefore, we, in the facts and circumstances of these cases say that enough is enough and hereby restrain the government of Gujarat from granting any more authorisation and permission for laying down any pipeline in any part of the sanctuary or the national park and in case any applications as have been given out are pending, the same shall be decided keeping in view the interpretation of Sec. 29 of the Act as has been given in this order and in the light of what has been observed and held in this order - Applications allowed in part. (Paras 40, 50)
( 1 ) ). THROUGH these three petitions, the petitioners seek to challenge the authorisation by the State Government granted vide letter No. WLP-1098-CM-41-G1 dated 4th February, 2000 issued under the signatures of Shri P. Basu, Addl. Chief Secy. , Forest and Environment Deptt. , Government of Gujarat, Gandhinagar permitting the Chief Conservator of Forest (W. L.) and the Chief Wild life Warden, Gujarat State, Gandhinagar to grant permission and the permission granted by the Chief Conservator of Forest and the Chief Wild life Warden, Government of Gujarat, Gandhinagar to Bharat Oman Refineries Ltd. , which will be hereinafter referred to as b. O. R. L. for the sake of brevity, vide letter No. FCA/wlp/29/c/3180-83/99-2000 dated 4-2-2000 issued under the signatures of Shri G. A. Patel for laying the pipeline as mentioned in the said letter. Before we proceed further to narrate the case of the parties, it will be appropriate to mention the abbreviations which have been used in the pleadings, in judgments and various study reports with regard to the names of the Companies/institutions/bodies and other terms as under : b. P. C. L. Bharat Petroleum Corporation Limited, (a wholly owned Government of India Company ). O. O. C. L. Oman Oil Company Limited. "the Refinery" A refinery complex at Bina, in the State of Madhya Pradesh. M. N. P. Marine National Park. M. S. Marine Sanctuary. M. O. E. F. Ministry of Environment and Forest (the Central government) m. O. P. and N. G. Ministry of Petroleum and Natural Gas (the Central Government) s. P. M. Single Point Mooring. C. O. T. Crude Oil Terminal (Crude Off-loading Terminal ). N. I. O. National Institute of Oceanography. C. W. L. W. Chief Wild Life Warden. B. O. R. L. Bharat Oman Refinery Limited. G. P. C. B. Gujarat Pollution Control Board. L. F. P. Landfall Point. I. O. C. L. Indian Oil Corporation Limited. E. M. P. Envionment Management Plan. E. I. A. Environmental Impact Assessment n. O. C. No Objection Certificate r. P. L. Reliance Petroleum Limited. L. T. L. Low Tide Line. H. T. L. High Tide Line. C. R. Z. Coastal Regulation Zone. W. L. (P)A. Wild Life (Protection) Act, 1972. E. (P)A. Environment (Protection) Act, 1986. E. (P) Rules Environment (Protection) Rules, 1986. N. E. E. R. I. National Environmental Engineering Research Institute - nagpur Nagpur. F. C. A. , 1980 Forest (Conservation) Act, 1980. C. F. Conservator of Forest c. C. F. (W. L.) Chief Conservator of Forest (Wild Life) g. O. I. Government of India. G. O. G. Government of Gujarat. V. L. C. Cs. Very Large Crude Carriers. E. I. A. Environment Impact Assessment (Appraisal) m. S. Motor Spirit. H. S. D. High Speed Diesel. L. P. G. Liquefied Petroleum Gas. M. M. T. P. A. Million Metric Tonnes per Annum. M. O. U. Memorandum of Understanding. J. V. C. Joint Venture Company. J. V. A. Joint Venture Agreement. R. O. U. / Right of Use/right of Way. R. O. W. G. M. B. Gujarat Maritime Board. K. P. T. Kandla Port Trust. I. N. R. I. M. T. Indian National Resource and Information technologies.
( 2 ) ). In September 1992, Bharat Petroleum Corporation Ltd. , one of the promoters of B. O. R. L. submitted an application to the Addl. Chief Secretary, energy and Petrochemicals, State of Gujarat, seeking approval for laying the pipeline from the Single Point Mooring (S. P. M.) in the high sea to the Crude oil Terminal (C. O. T.) at Vadinar and for laying cross-country crude oil pipeline and also approached the Environment and Forest Department, Government of gujarat as well as Conservator of Forests, Marine National Park to identify a suitable location of the C. O. T. from environmental consideration that is away from the sensitive area from the Marine National Park and Sanctuary. On 6-5-1996, B. O. R. L. submitted an application for grant of permission for laying the petroleum/oil pipeline for the purpose of transporting crude oil and petroleum products. The said pipeline was to pass through the ecologically sensitive area whi
