Frame protection policy for sensitive installations: HC
MUMBAI: The Bombay high court on Thursday suggested the Centre should come out with a legislative measure to protect sensitive non-defence installations such as the Chembur refinery of Bharat Petroleum Corporation Limited (BPCL) by providing for a buffer zone.
“A central-level policy is required for protecting not just this installation, but all such installations across the country,” the division bench of acting chief justice Naresh Patil and justice Girish Kulkarni told additional solicitor general Anil Singh.
The bench was hearing a petition filed by BPCL complaining about the permission given by the Brihanmumbai Municipal Corporation (BMC) for the redevelopment of an old, three-storey structure near its Chembur refinery. Appearing for BPCL, Singh said intelligence agencies have indicated that there is a threat to the refinery, and the installation requiresprotection. Senioradvocate Mukesh Vashi, who represented the developer of the building, told the bench that the BMC granted permission for construction of a seven-storey structure in place of the old building. He said certificates for intimation of disapproval and commencement had been granted and the new construction commenced.
Vashi also said BMC has considered BPCL’S apprehension and imposed a condition that the developer will not hand over possession of the new premises without police verification of the new occupiers. Besides, he said, the eastern freeway is between the building and the BPCL refinery. If somebody intends to attack the refinery, he said, the person will use the freeway, a public place, instead of coming to the building.
Vashi also said there is no legal mandate providing for buffer zones and no-development zones around non-defence installations. The judges’ comments came after Vashi said another HC bench has held that constructions near such sensitive installations cannot be stopped in absence of a legal provision. It has now posted the petition for further hearing after three weeks.