Bombay High Court
Bharat Petroleum Corporation Limited vs Union Of India on 23 January, 2024
Author: A. S. Chandurkar
Bench: A. S. Chandurkar
2024:BHC-OS:1437-DB
ppn 1 wpl-33627.23 (j).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.33627 OF 2023
Bharat Petroleum Corporation Ltd. .. Petitioner
Versus
State of Maharashtra & Ors. .. Respondents
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Mr.C.S. Balsara a/w Mr.H.N. Vakil and Mr.Samkit Shah i/by Mulla &
Mulla and Craigie Blunt & Caroe for the petitioner.
Ms.Savita Ganoo i/by Mr.D.P. Singh for respondent no.1.
Ms.Jaya Bagwe for respondent no.2-MCZMA.
Ms.P.H. Kantharia, G.P. with Mr.Mohit Jadhav, Addl. G.P. for respondent
nos.3 to 5.
Ms.Sheetal Shah i/by M/s.Mehta & Girdharlal for respondent no.6.
---
CORAM : A. S. CHANDURKAR &
JITENDRA JAIN, JJ.
DATE : 23rd January 2024
P. C. :-
. Rule. Ms.Ganoo, learned counsel waives service of notice for
respondent no.1, Ms.Bagwe, learned counsel waives service of notice for
respondent no.2-MCZMA, Ms.Kantharia, learned Government Pleader
waives service of notice for respondent nos.3 to 5 and Ms.Shah waives
service of notice for respondent no.6. By consent of parties, the petition
is heard finally.
2. By this petition under Article 226 of the Constitution of
India, the petitioner has prayed for the following relief : -
"(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,
ppn 2 wpl-33627.23 (j).doc
directing the Respondent Authorities to permit the petitioner to execute the
laying of pipeline from Mahul (MSD) to Rasayani (Raigad District) as more
particularly shown in Exhibit "A" hereto and grant approval to the Petitioner
as contemplated in paragraph 83(viii) of the judgment and order dated 17 th
September 2018 in PIL No.87 of 2006."
3. The petitioner is a Government company registered under
the provisions of the Companies Act and is engaged in the business of
storage and transportation of petroleum products and
4. The petitioner, to reduce carbon print, proposes to lay 4
pipelines from its existing Mumbai Refinery, Mahul, Chembur to
Rasayani, Raigad District, Maharashtra for transporting the petroleum
products. The approximate length of pipelines will be 43 kms. passing
through its Refinery, Mumbai Port Authority Land, CIDCO and private
land. The said project would involve cutting of mangroves.
5. The benefits accruing in respect of the aforesaid project has
been stated by the petitioner in paragraph 4 of the petition, namely
pipeline would be crucial for transportation of the petroleum products
on account of non-availability of the Railway which would reduce the
road traffic. This would also result into reduction of losses on account of
loading and unloading operations. The pipeline would also reduce the
risk of transportation getting affected due to floods since the same
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would traverse below the grounds etc.
6. This Court in paragraph 83(viii) of the order 17 th September
2018 in PIL No.87 of 2006 has directed that any project involving
mangroves would require the approval of this Court. It is pursuant to the
said order, the present petition is filed seeking approval of this Court for
construction of the pipelines since it would involve the cutting of
mangroves.
7. The petitioner has obtained following permissions :-
(a) On 19th November 2019, the petitioner has obtained
recommendations for the proposal from Maharashtra Coastal
Zone Management Authority subject to the conditions specified
therein.
(b) On 4th January 2021, the Superintent Engineer, Thane Irrigation
Board, Thane has also granted permission for crossing the
petitioner's pipelines along with OFC and its associated facilities
at Ulve drain, Ulve River, Kirki River, etc.
(c) On 10th August 2022, approval was granted from the Ministry of
Environment, Forest and Climate Change subject to the
conditions specified therein.
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(d) On 19th September 2023, the Ministry of Environment and Forest
has granted Environmental Clearance to the proposed project
under the provisions of EIA Notification 2006.
(e) On 2nd November 2023, Jawaharlal Nehru Port Authority has
granted right of way for 2 pipelines in the offshore section within
Jawaharlal Nehru Port limits.
(f) On 20th November 2023, a sum of Rs.5,49,312/- was called
upon by Raigad District Council, Alibaug to be deposited by the
petitioner.
(g) On 6th December 2023, Mumbai Port Authority has granted
Special Way Leave permission to lay down the pipelines in
Mumbai Port Authority estate on payment of fees.
(h) On 12th December 2023, Maharashtra Maritime Board has
granted in-principle approval for laying of 2 pipelines from
Mahul to Rasayani.
(i) On 22nd December 2023, the Ministry of Environment, Forest and
Climate Change gave its final approval to the proposed project
subject to the conditions specified therein.
(j) On 2nd January 2024, GAIL (India) Limited has granted in-
principle approval for crossing the pipelines at 3 points from
Panvel Uran.
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(k) An affidavit-in-reply of Shri Sanjay Waghmode, Assistant
Conservator of Forest dated 16th January 2024 has been filed in
which it is stated that 10582 mangrove trees and 1095 other trees
have been identified for cutting. The said affidavit also states
that a sum of Rs.3,70,24,670/- has been paid by the petitioner
against compensatory afforestation and further it reiterates that
Stage-II permission and final approval have been granted by the
Ministry of Environment, Forest and Climate Change.
8. There is no objection to the aforesaid permissions or
aforesaid project by any of the respondents including the newly added
respondent-Bombay Environment Action Group. The benefits of the
project as stated in the petition are in larger public interest as stated in
paragraph 4 of the petition. The petitioner has obtained all the
permissions required for the project. Therefore, in our view, the prayer
sought by the petitioner is required to be allowed and the petitioner be
permitted to execute project of laying of pipelines from Mahul to
Rasayani.
9. In view of the above, the petition is allowed in terms of the
following order :-
(i) The petition is made absolute in terms of prayer clause (a) which
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reads 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
execute the laying of pipeline from Mahul (MSD) to Rasayani (Raigad
District) as more particularly shown in Exhibit "A" hereto and grant approval
to the Petitioner as contemplated in paragraph 83(viii) of the judgment and
order dated 17th September 2018 in PIL No.87 of 2006.
(ii) The petitioner is directed to file affidavits of the concerned officers
stating that the conditions required to be complied with by various
authorities in the permission letters referred to above in paragraph 7
would be complied with.
(iii) This order to take effect only upon filing of the affidavits/
undertakings mentioned in clause (ii) above.
10. The writ petition stands disposed of.
11. No order as to costs.
JITENDRA JAIN, J. A. S. CHANDURKAR, J.
