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Janardan Bezbarua vs. Oil India Ltd.

País/Territorio
India
Tipo de la corte
Nacional - corte superior
Fecha
Jun 13, 2008
Fuente
UNEP, InforMEA
Nombre del tribunal
High Court of Gauhati
Sede de la corte
Gauhati
Juez
Jasti Chelameshwar
Hrishikesh Roy.
Número de referencia
2008(3)GLT739
Idioma
Inglés
Materia
Energía, Recursos minerales
Palabra clave
Minería Seguridad ambiental Conservación de energía/producción de energía
Resumen
The issue raised in all these three cases pertains to the proposed move of the respondent Oil India Limited (OIL) to conduct 'seismic survey' in the Brahmaputra River Bed Areas for exploration of Hydro Carbon reserves. The seismic survey is under challenge by the petitioners on the ground that such survey would endanger marine life and would have an adverse environmental impact on the river and its surrounding areas. Some petitioners avers that the respondents ought not to be permitted to conduct the 'seismic survey' as it is likely to have an adverse impact on the environment and the eco-system of the State and even if considering the possible generation of economic prosperity which might result in discovery of Hydro Carbon, considering the likely damage to the ecosystem and flora and fauna, the survey is too risky a proposition to be permitted. Other petitioners however do not per se oppose the 'seismic survey' but appears to be more keen to ensure that the' seismic survey' is carried out with all precautionary measures as per the advise of the experts to ensure that no harm is caused to the bio-diversity and ecology of the region. The petitioner is also concerned as to whether the Environmental Impact Assessment (EIA) Study have been made with regard to the proposed 'seismic survey' and it is indicated that the survey ought not to be permitted to be conducted without placing before the Court, the EIA report with regard to the propose survey, so that there could be proper satisfaction that all the relevant factors have been taken into consideration. Respondent contends that this is a case where legal issues are intertwined with those involving determination of policy and also several highly technical issues. and that it is not within the domain of the Courts to embark upon an enquiry as to whether a particular public policy is wise or a better public policy can be evolved., but the Court ought to leave the matter for decision of those who are qualified to address the issues, unless the impugned action is inconsistent with the Constitution and the laws or it is a case of abuse of power. The Gauhati University on 7.8.2006 submitted the EIA Report, divided into 9 Chapters out of which 4 Chapters deal with Environmental Impact Assessment and 5 Chapters deal with Environmental Management Plan. The report also analyses the possible adverse impact of the seismic survey on the eco-system, flora, fauna and marine life of the Brahmaputra River bed and several mitigating measures have been suggested to completely rule out any possible adverse impact. Therefore, to make an assessment on the likelihood of adverse impacts, it would be necessary for the Court to take note of the views expressed by the experts. From the EIA Report submitted by the experts, it cannot be said that the seismic survey is likely to cause any adverse impact on the ecology and with a further safeguard of recommended mitigating measures operating, the Court can be reasonably sure that the bio-diversity, flora and fauna and their habitats are unlikely to be affected. In this case, what is of significance is that the petitioners have failed to present a case of any adverse impact of the seismic survey. Even the experts on the basis of extensive studies have failed to place any material before the Court to take a negative view in the matter. This Court though, wishes to make it clear that the seismic survey to be conducted by OIL must abide by the guidance of the experts, in the Multi Disciplinary Advisory group constituted in June 2007.
Texto completo
COU-156089.pdf
Página web
www.ielrc.org