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May 12, 2001
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Money > Business Headlines > Report May 12, 2001 |
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Supreme Court stays Gujarat HC restraint on Essar OilBS Regional Bureau In response to a special leave petition filed by Essar Oil Ltd, the Supreme Court has granted stay of the Gujarat High Court judgement dated August 3, 2000, restraining Essar from laying pipelines at its Hazira project. The Gujarat High Court had passed the judgement in a public interest litigation filed by environmentalist groups Halar Utkarsh Samiti and Jan Sangharsha Manch. According to a statement by Essar Oil, with this stay granted by the Supreme Court, the last hurdle in completing the refinery has been overcome and the company would now be in a position to resume the pipeline laying work. Though the PIL by the above two environmentalist groups was only challenging the permission granted to Bharat Oman Refinery Ltd, Gujarat High Court had held that since in the case of BORL, there was a government-to-government contract, the permission granted to them may not be interfered with. However, on the basis of incorrect information given by the Gujarat government that formal permission was pending under section 29 of the Wildlife (Protection) Act in respect of Essar, the high court restrained the state government from granting any more authorisations. Essar therefore filed a review petition in the high court contending that the judgement ought not to have been passed without giving notice to it as permission granted to Essar was not an issue before the high court and the information given by the state government was incorrect. This review petition was disposed of by the high court on February 23, 2001, with an observation that there appeared to be a factual controversy between the Gujarat government and the company. Because of this, Essar filed a special leave petition challenging the judgement dated August 3, 2000, passed by the Gujarat High Court and for the disposal of the review petition. The company argued that it had huge investments of the order of over Rs 53 billion including investment by the public and the financial institutions and also had completed the project substantially and was in possession of all legitimate approvals. Powered by YOU MAY ALSO WANT TO READ:
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