Bombay High Court
Gail (India) Limited, Government Of ... vs Union Of India Through The Ministry Of ... on 25 January, 2024
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2024:BHC-OS:1566-DB
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.3102 OF 2023
GAIL (India) Limited,
Government of India Undertaking .. Petitioner
Versus
Union of India through
the Ministry of Environment Forest
and Climate Change .. Respondent
---
Mr.Siddharth Samantaray a/w Mr.Anant Bamne i/by M/s. A.R. Bamne &
Co. for the petitioner.
Mr.Rui Rodrigues a/w Mr.N.R. Prajapati for respondent no.1-UOI.
Ms.Jaya Bagwe for respondent no.2.
Ms.P. H. Kantharia, G.P. a/w Mr.Mohit Jadhav, Addl. G.P. for respondent
nos.3 to 5-State.
----
CORAM : A.S. CHANDURKAR &
JITENDRA JAIN, JJ.
DATE : 25th January 2024
P.C.:-
. Rule. Mr.Rodrigues, learned counsel waives service of notice
for respondent no.1, Ms.Bagwe, learned counsel waives service of notice
for respondent no.2 and Ms.Kantharia, learned Government Pleader
waives service of notice for respondent nos.3 to 5. By consent of parties,
the petition is heard finally.
2. By this petition under Article 226 of the Constitution of
India, the petitioner has sought permission of this Court for laying
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pipeline between BPCL Uran Terminal to Petitioner's Petrochemical
Complex at Usar, District Raigad.
3. The petitioner is engaged in the business of exploration,
production, processing, transmission, distribution and marketing of gas
and its related services.
4. With a view to achieve "Atmanirbhar Bharat" and for
diversifying in petrochemical sector, the petitioner is proposing a
petrochemical complex at Usar, District Raigad, Maharashtra to meet
the projected increase in domestic demand of petrochemicals. The cost
of the said project is around Rs.7823 crores. In connection with the said
project, the petitioner proposes to lay 12" diameter propane pipeline
from BPCL Uran Terminal to petitioner's Petrochemical Complex at Usar,
District Raigad.
5. The benefits of the said project is listed in paragraph 6 of
the petition, namely an attempt to move towards a new era of clean
fuel, boost to set up new industries, increase revenue to the State
Exchequer, reducing safety hazard due to pipeline transportation, etc.
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6. The pipeline proposed to be laid would be by trenchless
Horizontal Directional Drilling method which will ensure that the
mangroves will not be affected and there will be no need to cut the
mangroves.
7. The petitioner has sought permission of this Court in terms
of the judgment dated 17th September 2018 in PIL No.87 of 2006
whereby a direction is given to seek permission of this Court wherever
the issue of mangroves is involved.
8. The petitioner has obtained following permissions :-
(i) On 14th February 2023, the petitioner has obtained permission
from Maharashtra Coastal Zone Management Authority for the
aforesaid proposal subject to the conditions specified therein. A
corrigendum was later on issued by the Maharashtra Coastal Zone
Management Authority on 26th June 2023 wherein a minor modification
was carried out to the original permission.
(ii) On 6th September 2023, the Ministry of Environment, Forest and
Climate Change has also cleared the proposal to lay down the pipeline.
In the said permission, it is mentioned that the clearance is subject to
the final order of the Supreme Court of the India in the matter of Goa
Foundation Vs. Union of India.
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(iii) On 10th May 2023, Forest department of the State of Maharashtra
have stated that the permission for laying the pipeline would be subject
to the permission to be granted by this Court as per PIL No.87 of 2006.
(iv) On 18th November 2022, the Maharashtra Pollution Control
Board also granted its consent to laying the pipeline on the conditions
specified therein.
(v) On 11th January 2023, the National Highway Authority of India
has also approved the aforesaid proposal subject to the conditions
mentioned in the license agreement.
9. The petitioner has also filed an affidavit-cum-undertaking
dated 24th January 2024 of its Manager (Construction) Mr.Girish
Galinde wherein an undertaking is given that the petitioner would
comply with all the terms and conditions specified in various
permissions referred to in paragraph 8 above. The said affidavit also
states that there will be no cutting of mangroves while laying down the
pipeline.
10. In our view, the petitioner has obtained all necessary
permissions and the undertaking has also been filed wherein it is stated
that they will comply with the terms and conditions specified in various
permissions obtained from various authorities. The benefits of the
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project as stated in the writ petition are in the larger public interest and
furthermore, there is no cutting of any mangroves. There is no objection
from any of the authorities to the said project.
11. In view of above, the petition is required to be allowed in
terms of the following order :-
(i) the writ petition is allowed in terms of prayer clause (a) which
reads as under :-
(a) that this Hon'ble Court be pleased to issue a writ of mandamus or in the
nature of mandamus or any other appropriate writ, order or direction
thereby directing the Respondents Authorities to permit the Petitioner to lay
the proposed propane pipelines as per Pipeline Route Plan annexed as
Exhibit "A" hereto within the CRZIA (Mangrove) area including the Buffer
Zone of the Mangrove area between BPCL Uran Terminal to Petitioner's
Petrochemical Complex at Usar, District Raigad as contemplated in
Paragraph No.83 (viii) of the judgment and order darted 17 September, 2018
passed by this Hon'ble Court in PIL No. 87 of 2006 by using Trenchless
Horizontal Directional Drilling methodology.
(ii) The Affidavit-cum-Undertaking filed on behalf of the General
Manager (Construction) of the petitioner dated 24 th January 2024 is
taken on record.
12. The writ petition is disposed of. Rule is made absolute. No
order as to costs.
JITENDRA JAIN, J. A.S. CHANDURKAR, J.
