Case Note & Summary
This writ petition under Article 226 of the Constitution was filed by Hindustan Petroleum Corporation Ltd., a Government of India enterprise operating a petroleum refinery in Mahul, Mumbai, challenging the approvals and permissions granted to Oswal Agro Mills Ltd. for the development of a residential and commercial complex on land bearing CTS No. 381 etc., situated in the Special Industrial Zone (I3) adjacent to HPCL's refinery. HPCL contended that its refinery, along with storage tanks containing highly inflammable materials, was a high-security area and the proposed residential development in close proximity would expose it to terrorist attacks and other security risks. HPCL had acquired adjacent land from Calico Mills for expansion and storage of crude oil and finished products. The company had raised objections at various forums including a public hearing conducted by the Maharashtra Pollution Control Board and wrote to multiple state authorities. The petition also sought to declare D.C. Regulations 57(4)(c) and 29(5) along with Table 10C(5) as ultra vires. The court heard the matter finally and reserved judgment on 30 March 2012, pronouncing it on 12 April 2012. The provided excerpt does not contain the court's reasoning or final order.
Issue of Consideration
Whether the approvals and permissions granted to Oswal Agro Mills for residential and commercial development in Special Industrial Zone (I3) were valid; Whether D.C. Regulation 57(4)(c), 29(5) and Table 10C(5) were ultra vires, unreasonable, arbitrary and capricious; and whether the writ petition under Article 226 was maintainable at the instance of HPCL.
Law Points
- Article 226 of the Constitution of India
- D.C. Regulation 57(4)(c)
- D.C. Regulation 29(5)
- Table 10C(5)
- environmental public hearing
- special industrial zone
- industrial safety
- security risk
- ultra vires
