FP NEWS SERVICE Mumbai The Bombay High Court has revoked the building permissions granted by the municipal corporation to Oswal Agro Mills Ltd, which were used to construct an entire residential- cum- commercial complex right next to the H
industan Petroleum Corporation Limited refinery at Chembur.
The court also set aside the no- objection certificate granted by the Union environment ministry to the housing project, saying that it was done without application of mind.
The court was hearing a petition filed by HPCL stating that the housing complex in the vicinity of its refinery not only poses a threat to their installations but the residents too would be at risk, because of the fumes from the refinery. The complex is yet to be occupied.
The court rapped the Maharashtra government and the Brihanmumbai municipal Corporation for failing to consider public health and safety concerns around the HPCL before granting permission to construct a residential- cumcommercial complex adjoining the refinery.
A division bench headed by Justice P B Majmudar said, ‘In our view the security and health hazard issue, if ignored, would be very dangerous and would affect the public at large. Therefore, if such public interest is compared with the development rights of Oswal, which is in the nature or private interest, in our opinion, importance should be given to public interest in comparison to private interest.”Considering the experience at Bhopal, the terrorist attack in Mumbai, the devastating fire at Indian Oil refinery at Jaipur and considering the report of IB, as well as affidavits of police department and submissions of Ministry of Home Affairs,alt39alt39it is clear that the permission was given thoughtlessly.
The court further said, ‘… Not considering the security and health aspect or refusing to consider such aspects while sanctioning the plan or while permitting change of user, is totally illegal and contrary to Regulations 16( a) ( b) ( n) read with section 64( b) of the D. C. Regulations.’
