Case Note & Summary
The Bombay High Court allowed a writ petition filed by the Mumbai Metropolitan Region Development Authority (MMRDA) seeking permission to remove mangroves for the construction of a coastal road. The court held that while mangroves are ecologically sensitive, their removal for a public infrastructure project of national importance is permissible under the CRZ Notification, 2011, provided that compensatory afforestation is carried out and other environmental conditions are met. The court directed the MMRDA to plant mangroves in a ratio of 1:10 (for every mangrove removed, ten mangroves planted) and to constitute a monitoring committee comprising forest officials and environmental experts to oversee the transplantation and survival of the mangroves. The court also directed that the MMRDA shall bear the cost of afforestation and monitoring. The petition was allowed with these conditions.
Headnote
A) Environmental Law - Coastal Regulation Zone - Mangrove Removal - CRZ Notification, 2011 - The court considered whether mangroves can be removed for a public infrastructure project. Held that removal is permissible subject to strict conditions including compensatory afforestation and environmental safeguards (Paras 1-10). B) Environmental Law - Compensatory Afforestation - Mangrove Conservation - CRZ Notification, 2011 - The court directed that for every mangrove removed, a certain number of mangroves must be planted in a suitable location, and a monitoring committee be constituted to ensure compliance (Paras 11-20).
Issue of Consideration
Whether the removal of mangroves for the construction of a coastal road is permissible under the CRZ Notification, 2011, and if so, what conditions must be imposed to balance development and environmental protection.
Final Decision
The court allowed the petition subject to conditions including compensatory afforestation in a ratio of 1:10 and constitution of a monitoring committee.
Law Points
- Environmental Law
- Coastal Regulation Zone
- Mangrove Conservation
- Compensatory Afforestation
- Public Interest
- Sustainable Development
