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Friday, April 23, 1999

HC stops work on Essar jetties, pipelines

EXPRESS NEWS SERVICE  
AHMEDABAD, APRIL 22: A division bench of Justice S D Dave and Justice J R Vora of Gujarat High Court has issued notice to the State Government, Essar Oil Ltd and two others as well as interim injunction restraining Essar from constructing jetties in the marine national park and marine national sanctuary on Vadinar coast in violation of the Wildlife Act. The next hearing is on May 6.

This follows a petition by Jamnagar-based Halar Utkarsh Samiti secretary Prakash Doshi, seeking directives to the Government to take steps and check illegal construction of pipeline and jetties in the park and the sanctuary in Jamnagar district.

The petition also prayed for directives to the Government to strictly enforce the Environment Act, Forest Act and Wildlife Act and take steps to prevent check Essar, its agents, contractors, employees and officers from entering the area.

The petitioner submitted that the construction of jetties would endanger the marine life which is required to be protected in the nationalsanctuary/park. He said Essar is constructing pipelines and jetties in violation of Wildlife (Protection) Act, 1972.

Doshi contended that Section 27 (read with Section 35) of the Act prohibits entry in parks for purpose not connected with maintenance of sanctuary, while Section 28 provides for grants or permits which can be granted by the chief wildlife warden for certain purposes.

He said once an area was declared a marine national sanctuary, entry was banned and no construction could be carried out. Even if the Act permits construction within such area, it can be done so only after permission from the authorities.

The petitioner argued that in the present case no permission was obtained. Although some prosecutions have been launched, specific effective actions are necessary to prevent construction of pipeline and jetties, Doshi submitted.

Senior counsel Haroobhai Mehta, with Nirupam Nanavaty and Anand Sharma appeared for Doshi.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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