Bombay High Court Upholds BPCL's Permission To Cut Trees For Pipeline Project, Rejects Activist's Intervention

The Bombay High Court has refused to recall its order permitting Bharat Petroleum Corporation Ltd (BPCL) to cut over 11,677 trees (10,582 mangroves and 1,095 terrestrial trees) to lay underground 43km pipelines from the Chembur refinery to Raigad. The court observed that as per the environment clearance, BPCL has been anyway asked to develop a green belt before commissioning the project. 

Court dismisses intervention application filed by activist

The court’s detailed order copy was made public on Friday, wherein it dismissed an intervention application filed by activist Zoru Bhathena, alleging that the company misled the court in granting permission. Bhathena’s advocate Tushad Kakalia said when the approval was granted in November 2019 only 2,520 trees were to be cut. He pointed out that the Ministry of Environment and Forest and Climate Change, in December last year, directed that no trees should be cut in the forest and no forest surface should be cut.

Court's observations

The court noted that BPCL had disclosed all facts and filed an undertaking to comply with conditions imposed by the forest and other authorities. It said that the oil firm also made necessary deposits and gave undertakings for afforestation. 

“The expert bodies have applied their mind before granting approval and this court will not sit in appeal over the expert body,” the court opined. 

The petroleum company justified that while the pipelines are to be laid underground without breaking the forest surface, “it is true only in respect of terrestrial trees and not in respect of marshy land”, said BPCL’s advocates Cherag Balsara and HN Vakil.