Court Dismisses Application to Recall BPCL's Tree-Cutting Permission for Pipeline Project.
15 February 2024
Environment Protection >> Environmental Law
This interim application was filed by an Applicant, acting as a public-spirited individual concerned with the environmental protection of Mumbai. The Applicant sought to recall the order dated January 23, 2024, which allowed BPCL to cut 11,677 trees for laying a pipeline from Mahul to Rasayani. The Applicant argued that BPCL misled the court by not obtaining necessary permissions under the Maharashtra Tree Preservation Act and claimed that no trees should be felled, especially using the Horizontal Directional Drilling (HDD) method.
In response, BPCL clarified that the HDD technique could only be applied in terrestrial areas, and 10,582 mangrove trees and 1,095 terrestrial trees would be cut. BPCL provided documentation of afforestation plans and approvals from the Ministry of Environment, Forest, and Climate Change (MOEF&CC), which included conditions to minimize tree felling and ensure compensation via afforestation.
The Court noted that BPCL had complied with relevant environmental regulations and approvals. The Ministry’s conditions required afforestation and greenbelt development. The Court also observed that expert bodies had reviewed and approved the project, emphasizing that it would not second-guess their decision. Ultimately, the Court dismissed the application, ruling that there was no suppression of facts by BPCL and that the environmental measures were adequate.
MAHARASHTRA (URBAN AREAS) PROTECTION AND PRESERVATION OF TREES ACT, 1975