In fact, so worried is the Government about the adverse impact of the Justice Chandrashekhar Dharmadhikari report which said that the port cannot be allowed to come up under present laws, that it might move the court in the next few days.

The recommendations of the judge, who headed the Dahanu Tehsil Environmental Protection Authority set up by the Central Government to study if the port could be allowed, could not have come at a worse time for the Government: One, the State's economy is in tatters and two, for long the number one destination for foreign capital, it's losing ground not only to close competitors Gujarat and Karnataka but also to Tamil Nadu and Andhra Pradesh. And, worst of all, the project to be executed by a multinational, P&O of Australia, was the only tangible result of the much-touted Advantage Maharashtra extravaganza of last year.

That explains why the Government today reversed its stance that it was the responsibility of P&O to get environmental clearance from the Centre. The high-level meeting called by Revenue and Ports Minister Narayan Rane was attended by at least 12 secretaries of the Government. The meeting decided that the Government, instead of P&O, should move the court.

``We have decided to challenge the recommendations made by the committee before the High Court as we feel it did not take adequate cognisance of our submissions on the need for a ultra modern port near Dahanu,'' Rane told The Indian Express after the meeting.

Besides Chief Secretary P Subramaniam, Additional Chief Secretaries Arun Bongirwar, Secretaries Karun Shrivastava (Home), Suresh Chandra (Excise & Ports), P Nalinakshan (Urban Development), Maritime Board CEO Bhupati Prasad Pandey, Thane Collector Shrikant Singh and officials from the Forest and Environment Department attended the meeting.

Reflecting the changed perception of the Government, Rane said its role did not end with the signing of the MoU. ``Since we had offered the project, it is our responsibility to ensure clearances from the appropriate authorities. If multi-crore projects like this, particularly those involving foreign investment are rejected in such a manner, then Maharashtra will not get any in the future,'' he said.

Rane alleged that the committee failed to take note of submissions made by Excise and Ports Secretary Suresh Chandra and Maritime Board CEO Bhupati Prasad Pandey. ``Suresh Chandra made a comprehensive submission on the need for the port. However, there is absolutely no mention of it in the report. Secondly, Pandey was told that he would be called again but was not,'' Rane claimed.

Above all, Rane said the main task before the authority was to examine the legal as well as the environmental aspects of the project. ``A quick glance leads one to the conclusion that it took into consideration only the legal aspects, while completely ignoring matters environmental,'' he said.

The authority apparently relied on a notification issued by the Ministry of Environment and Forest in 1991 on developmental activities within the coastal zones. ``Our contention is that if the revised notification issued in 1997 is taken into consideration, then there is absolutely no violation of the CRZ regulations as development of port is not a construction activity as thought by the authority,'' Rane added.