Bombay High Court
Bharat Petroleum Corporation ... vs Union Of India on 12 April, 2023
Bench: K.R. Shriram, Rajesh S. Patil
2023:BHC-OS:2820 1/9 903-WPL-8660-2023.doc
Digitally
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
signed by
PURTI
PURTI
PRASAD
PRASAD PARAB
ORDINARY ORIGINAL CIVIL JURISDICTION
PARAB Date:
2023.04.12
17:40:41
+0530
WRIT PETITION (L) NO. 8660 OF 2023
Bharat Petroleum Corporation Limited ....Petitioner
V/s.
Union of India and Ors. ...Respondent
----
Mr. C.S. Bulsara a/w Mr. H.N. Vakil and Ms. Suzan Vakil i/b Mulla & Mulla
and Craigie Blunt & Caroe for Petitioner.
Mr. Rui Rodrigues a/w Mr. Ashok R. Varma for Respondent No.1.
Ms. Jaya Bagwe for Respondent No.2.
Mr. Abhay L. Patki, Addl. G.P. for Respondent Nos. 3 to 5.
----
CORAM : K.R. SHRIRAM &
RAJESH S. PATIL, JJ.
DATED : 12th APRIL 2023
P.C. :
1. In view of the reliefs sought in the petition, with the consent of
the parties, petition is taken up for hearing and final disposal at this stage
itself. Hence, Rule. Rule made returnable forthwith.
2. Petitioner is an Oil and Gas Corporation under the ownership of
the Ministry of Petroleum & Natural Gas (MOP&NG), Government of India.
By the present petition, Petitioner is seeking directions to Respondent
Authority to allow Petitioner to implement the permission granted by the
Authority for laying of 20 inches diameter pipeline passing through 50
metre mangrove Buffer Zone at certain stretches. Petitioner as project
proponent was required to take the permissions of the Authority under the
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Gazette Notification dated 6th January, 2011 issued by the Ministry of
Environment & Forests & Climate Change (MOEF&CC).
3. Petitioner submitted that the present project for laying of the
aforesaid pipeline from Jetty at JNPA to Petitioner's LPG Terminal at Uran,
District Raigad is necessary as Petitioner receives cryogenic LPG in 2 Tanks
having a capacity of 8,000 MT each. LPG is at present received through 8"
unloading arm at JNPA Jetty which is connected to 2 lines of 12" diameter
from the Jetty. The Board of Directors of Petitioner at its meeting held on 5 th
April, 2021 approved a budget of Rs.1,231.29 crores for the project for the
purpose of de-bottle necking and augmentation of cryogenic facility at Uran
LPG Import Terminal. A new 20" diameter pipeline is required to be laid
alongside existing 2 Nos' of 12" diameter pipelines. The length of proposed
pipeline is 12.5 km out of which only 2.01 km is situated in buffer zone as is
shown in the plan annexed at Exhibit-A to the Writ Petition.
4. The present project is for increasing the import capacity of
Propane and Butane to 1.8 MMT per annum by 2023-2024 is being
implemented under the Pradhan Mantri Ujawala Yojana which is a project of
national importance and aims to provide clean cooking gas to the nation
besides meeting the increased LPG demand.
5. Petitioner has submitted that the existing pedestal does not
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have the capacity to hold the weight of the proposed pipeline as the
proposed pipeline will be laid alongside/above the existing pipeline and
hence, Petitioner would have to erect additional support as per the
requirements which have been set out in paragraph 11 of the petition.
Petitioner has also annexed at Exhibit-H to the petition a plan showing the
erection of the said support and the manner, in which the same would be
erected.
6. Petitioner has categorically submitted that the laying of the
aforesaid pipeline as well as erection of the pedestal as shown in Exhibit-H
to the petition does not entail the cutting of any mangroves and only 2.01
km out of 12.5 km of proposed pipeline is situated in the Buffer Zone on
account of which Petitioner is required to seek the permission of this Court
as set out in the Order dated 17th September, 2018 passed in Public Interest
Litigation No. 87 of 2006.
7. Petitioner has relied upon the permissions as under:
Sr. Date Particulars
No.
1 01.06.2022 Approval of the MCZMA, Government of Maharashtra
2 01.09.2022 Approval from the MOEF and CC, Government of
India
3 04.11.2022 NOC issued by the Additional Principal Conservator
of Forests, Mangrove Cell, Mumbai, Government of
Maharashtra
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8. Mr. Rui Rodrigues, learned Counsel for Respondent No. 1 stated
that a strict adherence to the conditions set out in the CRZ Clearance letter
dated 01.09.2022 (being "Exhibit D" to the Petition) as well as the
conditions set out in the permissions granted by the other concerned
authorities needs to be ensured and accordingly, suggested that as had been
done in other petitions, an undertaking should be taken from a responsible
officer of Petitioner to ensure compliance of the said conditions. The
aforesaid undertaking should also set out that there will be no destruction
of mangroves/mangrove cutting for any reason whatsoever.
9. After considering the rival contentions of the parties and as
stated in the petition, it is clear that the present project is a part of Pradhan
Mantri Ujawala Yojana to provide clean cooking gas to the nation besides
meeting increase in LPG demand and the same entails laying of 20' diameter
pipeline for transporting the imported Propane and Butane as shown in the
plan at Exhibit-A to the petition. In order to bear the load of additional 20"
proposed pipeline, the Petitioner will be required to construct pedestal in
buffer zone as set out in Exhibit-H to the petition.
10. A perusal of the permissions relied upon by Petitioner, copies
whereof are annexed to the petition, would show that the scope of work
would require to be carried out keeping in mind certain parameters as set
out in the NOC from the Mangrove Cell and the same are reproduced
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hereunder :
i.The proposed Propane Pipeline should be laid on the BASEMENT
previously constructed for the pipeline.
ii. Equipment and materials used to construct the proposed Propane
Pipeline, as well as other materials used in the construction of
existing pipelines.
The footings should be placed on the outer side of the existing
foundation (BASEMENT)
iii. During the laying of the proposed Propane Pipeline, care should be
taken not to injure / damage / trim other trees in the area outside
the existing foundation (BASEMENT).
iv. While laying the proposed Propane Pipeline, care should be taken
to ensure that the provisions of the Forest Conservation Act, 1980,
Wildlife Protection Act, 1972, Indian Forest Act, 1927 and the
Environment Protection Act, 1986 are not violated.
v. While laying the proposed Propane Pipeline the orders
dated17.09.2018 passed by the Hon'ble Bombay High Court in Writ
Petition No. 3246/2004, converted PIL No. 87/2006 and
subsequent orders thereto should not be violated.
vi. Proposed Propane Pipeline works being within 50 metres from
existing mangrove areas, the work should be carried out only with
the prior permission of the Hon'ble High Court.
vii. The proposed Propane Pipeline will be laid near the existing
mangroves area, care should be taken that the wild animals living
in this area are not harmed as well as their habitats are not
disturbed.
viii. Since the work of laying the proposed Propane Pipeline work is
near the existing mangroves area, it should be noted that in case
any accident occurs in this area due to the bite of venomous
animals while working in this area, the entire responsibility will be
of the project system.
ix. Before starting the work of laying the proposed Propane Pipeline as
well as after the completion of the work concerned Forest Range
Officer should be informed.
x. While carrying out the work of laying the proposed pipeline if any
matter/issue arises at judicial or local level, the entire responsibility
will be that of the project system.
11. We have examined the Orders passed by this Court in similar
matters, which are as under :
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Sr. Date Particulars
No.
1 08.02.2019 Order passed in Writ Petition (L) No. 17 of 2019 in
the case of Maharashtra State Road Development v/s.
Union of India which was filed by the Maharashtra
Road Development Corporation for felling of 1,585
mangroves and diversion of 2.9907 Hectares of
mangrove forest for the Versova-Bandra Sea-link
Project.
2 25.02.2019 Order passed in Writ Petition (L) No. 44 of 2019 filed
by the Maharashtra Maritime Board seeking to
execute three jetty projects in the 50 metre Buffer
Zone of mangroves in view of conditions imposed in
the CRZ Clearance.
3 12.03.2019 Order passed in Writ Petition (L) No. 741 of 2019
filed by MMRDA seeking to execute a Flyover at Kala
Nagar which involved the diversion of 0.0485Ha of
mangroves and felling of 14 mangrove trees.
4 19.12.2019 Order passed in two writ petitions being Writ Petition
No. 1646 of 2019 and Writ Petition No. 2188 of 2019
filed by the MMRDA for execution of 2 different
projects i.e., (a) proposed construction of Car
Maintenance Yard at Malwani for Mumbai Metro Line-
2A contemplating diversion of mangrove forest land
and cutting 86 nos. of mangroves and (b) for the
proposed construction of elevated corridors between
Airoli Bridge to Thane-Belapur Road which
contemplated cutting of 63 mangroves.
5 19.12.2019 Order passed in Writ Petition No. 12462 of 2019 filed
by the Agriculture, Dairy Development, Animal
Husbandry and Fisheries Department of the
Government of Maharashtra to execute the proposed
upgradation of fishery facilities in the Raigad District.
In the said project, no destruction of mangroves was
contemplated. However, the activities were within 50
metre Buffer Zone of mangroves.
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Sr. Date Particulars
No.
6 26.06.2020 Order passed in Writ Petition No. LD-VC-87 of
2020 and Writ Petition No. LD-VC-86 of 2020 filed
by MMRDA to permit the implementation of the
proposed project construction of Metro Line 6 and
construction of Compound Wall as part of Metro
Line-2B contemplated in the judgment and Order
dated 17.9.2018.
12. In view of the aforesaid facts placed on record by Petitioner as
well as the averments in the petition which clearly set out that the project
does not entail the destruction of any mangroves whatsoever, we consider it
necessary to allow the present writ petition in terms of prayer clause (a) to
the petition, which is reproduced as under :
(a) that this Hon'ble Court be pleased to issue a Writ of
Mandamus, or a Writ in the nature of Mandamus, or any
other appropriate writ, order or direction, directing the
Respondent Authorities to permit the Petitioner to lay the
proposed propane pipeline (Exhibit A hereto) in the Buffer
Zone of the Mangrove area between JNPA to Uran LPG
Terminal, District Raigad as contemplated in paragraph
83(viii) of the judgment and Order dated 17.9.2018 in PIL
No. 87 of 2006 in accordance with the Approval dated 4 th
November 2022 (Exhibit F hereto) and to erect pedestals for
the same as shown in the plan annexed and marked as
(Exhibit H hereto);
13. It is necessary in public interest to ensure compliance of the
permissions granted by the concerned authorities for implementation of the
present project as has been rightly submitted by Mr. Rui Rodrigues.
Therefore, Petitioner has provided the name of the designated Officer
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Mr.Vijeshwar Partap, Project Manager Uran Cryogenic Project, (Engineering
& Project) HQ who will file an affidavit/undertaking before this Court for
petitioner, himself in his personal capacity and on behalf of the Board of
Directors of Petitioner binding each one of them, within a period of 2 weeks
unequivocally setting out :
(i) that there will be no destruction of any
mangroves whatsoever whilst implementing the present
project; and
(ii) that Petitioner will comply with all undertakings
stipulated in the permissions dated (a) 01.06.2022
granted by MCZMA (b) 01.09.2022 granted by MOEF &
CC and (c) 04.11.2022 granted by Additional Principal
Chief Conservator of Forests, Mangroves Cell, Mumbai.
14. The Petition is allowed in terms of the following orders :
(a) Petition made absolute in terms of prayer
clauses (a) and (b);
(b) The Petitioners are directed to file the Affidavit
of Mr. Vijeshwar Partap, Project Manager Uran Cryogenic
Project, (Engineering & Project) HQ containing the
undertaking set out in paragraph 13 herein above with
copy to respondents within 2 weeks from date thereof;
(c) This order to take effect only upon filing of the
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affidavit/undertaking mentioned in (b) above;
(d) Petition accordingly stands disposed.
(e) No order as to costs.
(RAJESH S. PATIL, J.) (K.R. SHRIRAM, J.)
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