HC stops work on Essar jetties, pipelines

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 national sanctuary/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.