A cursory glance at the 12-page order passed by Justice Dharmadhikari is enough to conclude that the alliance government had completely ignored the regional development plan before offering the port project.

This is so, because there is no provision for a port at Wadhawan or any other site in Dahanu Tehsil in the Regional Development Plan. Moreover, the plan also prohibits any change in use of land in the ecologically sensitive area.

On the basis of these documents, the Authority held that granting permission for construction of a port will be a clear violation of the Plan and wholly illegal. Significantly, the counsel forAustralia-based P and O, which has bagged the prestigious contract, also did not dispute the fact that in so far as the Plan is concerned, the construction of such a port is not permissible.

The Authority was constituted by the Centre following directives of the Supreme Court to consider and implement the recommendations made on Dahanu Tehsil by the Nagpur-based National Environmental Engineering Research Institute (NEERI) and also ensure the implementation of two notifications issued by the Ministry of Forest and Environment.

By the first notification, dated February 19, 1991, the Centre had declared Dahanu Tehsil as ecologically fragile, while by another notification dated June 20, 1991 it had earmarked the Coastal Regulation Zone to regulate activities in the area. Subsequently, the Centre on, November 19, 1997, forwarded the proposal received from the Maharashtra government to the Authority for examination.

All the expert members on the Authority - K B Jain, G C Mishra, Shyam Asolekar, VikasUnanimously observed that since Dahanu tehsil has been declared environmentally sensitive, it needs special attention. And, in view of the two special notifications, large scale construction and development activities like a port can not be permitted in these areas.

The 12-page order states that all the other members of the Authority including Thane Collector Shrikant Singh and Member Secretary V W Deshpande, also agreed to the opinion expressed by the experts. ``It is neither disputed nor it can be disputed that unless and until the Regional Development Plan for Dahanu tehsil is amended or superseded, such a port can not be constructed there. Further, since the Centre has already issued two notifications to maintain ecological balance, it will have to be seen if the notification of July 9, 1997, which permits developmental activities, will water down the directions issued by the Supreme Court or the recommendations made by NEERI,'' the report states.

And as the Authority is directed by the apex court toconsider and implement the two notifications issued by Centre, holding that following a new notification of July 9, 1997, the orders issued by the Supreme Court are either watered down or its stand modified, will be wholly impermissible, the report points out.

``On proper reading of the two notifications issued in the year 1991, the Authority is of the view that the construction of such a big port is wholly impermissible and amendment issued in the year 1997 will make no change so as the Dahanu tehsil is concerned, particularly in view of the special notification issued on June 20, 1991,'' it states.

The Dahanu notification prohibits setting up of industries and lays down that no change of existing land will be permitted for such area in the master plan or the regional plan.