PIL against Tata pipeline plan

The Gujarat high court issued notices to state government, chief wild life warden of state, range forest officer, marine national park and Tata chemicals limited in a public interest litigation filed by Halar Utkarsh Samiti seeking direction against the state government and forest department granting any permission to Tata chemicals limited to put up pipeline in the marine park area of Jamangar district.

A division bench comprising Justice J.M Panchal and Justice H.H Mehta issued notices to and has kept the further hearing of the case on August 10. The petition also sought direction from the high court against regularising any such pipeline existing in the marine national park area.

Advocate for the petitioner Mitul Shelat submitted that coastal areas, situated within the vicinity of Mithapur, Okha and Sikka villages of Jamnagar district are declared as Marine National Park under the Wild Life Protection Act, 1972 and thereafter, the government of Gujarat on May 19, 1999 declared the said area to be protected under the state Forest Act.

The incredible flora and fauna of the park are rare and need to be protected, the petition added. The petition further said that necessary inquiry was made by the revenue authority to determine the existing nature and extent of the rights of any person in or over the land within the limit of the park. The report of the mamlatdar of Dwarka dated April 23, 1987 stated that there is no claim of rights, title or interest in the said area.

Based on the report of mamlatdar, Jamnagar district collector had declared on May 22, 1987 that no person has any right, title or interest in the area within the vicinity of the park.

However, the petition mentioned that as per the news paper reports on may 31, 2001, Tata chemicals has installed pipeline running through the park and on account of the leakage of the said pipeline huge damages had been caused to the marine life. No action has been taken by the government despite the repeated reporting of the existence of pipeline in the marine park area, it added.

The petitioners claimed that company has approached the state government for regularizing the exiting illegal pipeline in the marine park area. The petition was filed to seek the intervention of high court in the matter, the petitioners added.

Republished from The Asian Age