HC: Will BMC take responsibility for mishaps?

The court had earlier asked the corporation to explain how the area near the refinery was converted from an industrial zone to a commercial zone. In an affidavit filed by the BMC Development Plan department,it is stated that the representation made by Oswal Agro Mills — which owns the land formerly in possession of the Union Carbide — for conversion of industrial zone to commercial zone,could not be withheld by the corporation from security point of view,unless it had a specific order from the competent authority.

“No clarification has been received from the Urban Development (UD) Department till today and hence,as per municipal commissioner’s August 2009 order,sanction was granted,” the affidavit states. The affidavit further says that a subsequent letter written by the municipal corporation to the UD department in August 2011 has also not received any reply.

HPCL’s counsels,however,pointed out to the court that the Ministry of Environment and Forests (MoEF) has not given clearance to the revised development plan. The Centre’s lawyers Rajiv Chavan and Rutuja Ambekar told the court that the ministry had not responded to their repeated correspondences and hence no statement can be made on its behalf. The court has now sought the MoEF\’s stand on whether construction can be pemitted at a distance of 1 km from the refinery by December 12.

The judges warned that if the MoEF does not make a statement by the next date,the secretary of the ministry will have to be present before the court.