Essar Oil's review plea rejected

Essar Oil's review plea rejected
EXPRESS NEWS SERVICE

MAR 2: Gujarat High Court has rejected Essar Oil Ltd's review application on the earlier order that restrained the State Government from granting permission for laying any more pipelines though the Marine National Park off Jamnagar coast.

While rejecting the Essar plea, a Division Bench comprising Justice M R Calla and Justice R R Tripathi observed that ``the grievance was beyond the scope of review'' and ``no case is made out''.

In the review application, it was contended by Essar that the earlier judgment had referred to a State Government letter which stated that two more applications for laying pipelines were pending with the government -- one by Essar Oil and another by Gujarat Poshitra Port Ltd The State Government had also stated that both these applications would be decided on merit. In the review application, Essar has contended that the information given by the letter was ``neither complete nor correct''.

``In fact, the proposal of the applicant was considered by the State Government and the necessary approval had been granted,'' the petition states.

To Essar's contention, the court observed in its order that this was based on some factual controversy between the applicant and the State Government.

It was also submitted by the applicant that in the petition filed by Jan Sangharsh Manch challenging the permission to Bharat Oman Refinery Ltd for laying pipeline through the Marine National Park, Essar Oil was not made a party. Besides, the applicant was not given any hearing and the High Court had restrained the State Government from granting permission to any one for laying pipeline on the basis of the letter produced by the State Government.

The applicant submitted that this had caused grave and substantial injustice to the company and that it would be compelled to close the project which was two-thirds complete and for which the company had spent Rs 5,389.41 crore.