ENVIRONSARE FOUNDATION Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE two petitions seek to challenge the legality and propriety of a pipeline of a distance of about 8. 5 k. m. set up by respondent No. 8 Indian Oil Tanking Limited (I. D. T. L.) for carrying Naphtha-a hazardous substance-from a tap-off point (on an existing pipeline of O. N. G. C.) at Virag within the Jawaharlal Nehru Port Trust (J. N. P. T.) area to Navghar, where the storage terminal of respondent No. 8 is situated. The principal grievance in both the petitions is that the pipeline affects the mangroves in that area, which falls in the Coastal Regulation Zone (C. R. Z.) and is set up in violation of the provisions of the Central Government Notification dated 19th February, 1991 governing the C. R. Z. The petition seek a declaration that the environmental clearance to this pipeline granted by the Ministry of Environment and Forest (M. O. E. F.) of the Union of India respondent No. 1 on 20th December, 2001 is illegal. Consequently, the petitions seek an order that the pipeline be dismantled and removed.

(2.) THE first of the two petitions was filed on 15th December, 2001 and was moved on 2nd January, 2002 before a vacation Judge, who declined to grant any ad interim relief. Thereafter the matter appeared before the regular Division Bench from time to time, but no interim order was passed. Thereafter, when the actual construction of the pipeline started, it was mentioned before the vacation Judge on 28th May, 2002 for restraining respondent No. 8 from continuing with the construction of the pipeline, but again the ad interim order was declined. The matter was subsequently heard by the regular Division Bench, which admitted it, but refused the interim relief by its order dated 11th June/3rd July, 2002. The Division Bench passed the same order in the second writ petition being Writ Petition No. 1397 of 2002, which was filed in the meanwhile on 31st May, 2000. Both the petitions were directed to be heard together. In the second writ petition, a Notice of Motion has also been moved by the petitioners being Notice of Motion No. 274 of 2002, which principally seeks restoration of the status quo ante.

(3.) BEING aggrieved by the orders of 11th June/3rd July, 2002 two special leave petitions were preferred. Inasmuch as the special leave petitions were against the refusal to pass an interim order, the Apex Court did not go into the merits of the submissions, but after considering the circumstances of the case and the public interest involved, the Apex Court, by its order dated 5th August, 2002, directed that the petitions be heard and disposed of within two months from that date. Thereafter the petitions were placed before another Division Bench of this Court from time to time, but that Division Bench could not proceed with these petitions due to its pre-occupation with other matters. They were, therefore, transferred by the Honble the Acting Chief Justice and placed before this Bench on 7th October, 2002. The petitions were heard from time to time and hearing was concluded on 30th October, 2002. The Court was closed from 2nd November to 17th November, 2002 (due to Diwali vacation) and on reopening, the petitions along with the Notice of Motion (in the second writ petition) are being immediately disposed of.