Hindustan Times ST (Mumbai)

Frame protection policy for sensitive installati­ons: HC

- Kanchan Chaudhari

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.

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