CITATION

AIR 1998 Guj 141

FACTS

Reliance Petrochem Ltd. had undertaken “Moti Khavdi Refinery Project” for the production of pertoleum products. RPL had to import crude oil by sea fare and then to refine the same, and to produce the petroleum products in their refinery. For that purpose, RPL applied for getting clearance of their project from the State Government. The State Government agreed to give clearance and supported the said project of the RPL. Gujarat Pollution Control Board (CPCB) also issued necessary NOC for the purpose of setting up the project of RPL. Thereafter, RPL approached the Environment Department of the Government of India in order to get clearances under the Environment (Protection) Act, 1986. Government of India gave said clearance on certain conditions. Thereafter, RPL applied for the permission under Section 2 of the Wildlife Protection Act, 1972 and Section 2(ii) of Forest (Conservation) Act, 1980. After getting clearance, RPL approached the Chief Wildlife Warden and the order was passed by which RPL was permitted to lay pipeline in Marine National Park/Sanctuary

ISSUE

Whether Chief Wildlife warden has any jurisdiction to pass the order?

Whether the order falls under Section 29 of the Act?

PETITIONER’S CONTENTION

The petitioner claims that the said order is purported to have been passed under Section 29 of the Wildlife Protection Act, 1972. It is the contention of the petitioner that in the permission granted and the work which the RPL is to undertake in pursuance of the said order, would not fall within the purview of Section 29. Consequently, Chief Wildlife Warden has no jurisdiction to pass the said order. It is further contended by the petitioner that the said order is contrary to the provisions of the said Act. It is contended by the petitioner that said order will cause damage to the forest as well as to the marine life and would also cause damage to the environment. Thus, it is claimed RPL’s project will have disastrous effect on ecology and environment.

DEFENDANT’S CONTENTON

The order passed by the Chief Wildlife Warden, is within the parameters of the provisions of the said Act and necessary precautions have been taken by the State Government as well as the Central Government to see that there is necessary protection to the wildlife, marine life as well as to the environment. Thus, they contend that there is no illegality in passing the order in question.

It is contended by the RPL that in order to see that the Environment and Ecology are not damaged and preserved, the RPL has engaged the Council of Scientific and Industrial Research as well as the National Institute of Ocenography to survey the project and the area through which the pipeline was to be laid and the project to be implemented. RPL has taken necessary precautions and they are following the methods which are being followed for the first time in India to see that there is no damage to the marine life as well as to the ecology.

JUDGEMENT

Section 27 and 28 of the Act talk about the restriction on entry in sanctuary and makes provisions for the grant of permit for making entry in the sanctuary respectively. Keeping these Sections in mind the Petitioner’s counsel argued that entry in the forest should not be granted. Moreover, after referring to Section 29 of the Act, it was stated that the sanction was granted without the approval of the State Government. Since permission is granted to RPL for laying pipeline, it will cause damage to the habitat of wild animals and there is also likelihood of deprivation of wild animals of its habitat. However, it is not mentioned in Section 29 of the Act, that for granting any such permission, the Chief Wildlife Warden is required to obtain permission from the State government.

Also, it is necessary to notice that clearance was granted by the Government of India in Environment Department. The necessary steps have been taken by RPL to protect the environment, marine life and ecology. By the conditions put forth by the Central Government it is evident that the government had taken necessary precautions to ensure that there is protection and betterment of wildlife and ecology. It is also stated that the location of refinery and the pipeline connecting the SBM has been selected after giving paramount consideration that it would not affect adversely ecology and environment.

It was also stated by RPL in his affidavit that by this project there will be savings of foreign exchange of 300 million U.S. dollars per year. The project will also generate employment opportunities and the project was for National interest and particularly in the interest of State of Gujarat. The Central Government and State Government have taken necessary precaution in seeing that neither the ecology nor environment is damaged while implementing the project in question.