Case Note & Summary
The petitioner, Mumbai Metropolitan Region Development Authority (MMRDA), a statutory body under the Mumbai Metropolitan Region Development Authority Act, 1974, filed a writ petition seeking leave of the court to undertake construction of Metro Line-5 at Kasheli Bridge and Durgadi Fort, Village Kasheli, Taluka Bhiwandi, District Thane. The construction involved laying of pillars and a bridge over mangroves, which was prohibited by directions issued in Public Interest Litigation No.87 of 2006 (Bombay Environmental Action Group and Anr. Vs. The State of Maharashtra and Ors.) decided on 17th September 2018, which required leave of the court for any construction on mangroves. The MMRDA had obtained various statutory permissions, including a recommendation from the Maharashtra Coastal Zone Management Authority (MCZMA) in its 119th meeting held on 28th to 30th June 2017, and CRZ clearance from the State Level Environment Impact Assessment Authority (SEIAA) on 6th April 2021. The petitioner argued that the project was of public importance as it was part of the Mumbai Metro Master Plan covering about 118 kms of elevated Metro Corridors. The court considered the submissions and held that the project was indeed of public importance. It granted leave to the petitioner to undertake the construction subject to conditions: the petitioner must plant mangroves in the ratio of 1:10 in consultation with the Mangrove Cell, deposit Rs. 10 lakhs with the Mangrove Cell for maintenance of the plantation, and comply with all statutory permissions and conditions. The petition was disposed of accordingly.
Headnote
A) Environmental Law - Coastal Regulation Zone - CRZ Clearance - Public Interest Project - The petitioner sought leave to construct Metro Line-5 over mangroves after obtaining CRZ clearance from SEIAA and recommendation from MCZMA - Court held that the project is of public importance and granted permission subject to conditions including compensatory mangrove plantation and compliance with all statutory permissions (Paras 1-7). B) Environmental Law - Mangrove Protection - PIL Directions - Leave of Court - The court had earlier in PIL No.87 of 2006 directed that no construction be carried out on mangroves without leave of court - The petitioner sought such leave for a metro project - Court granted leave subject to conditions to mitigate environmental impact (Paras 2, 6). C) Environmental Law - Compensatory Plantation - Mitigation Measures - The court directed the petitioner to plant mangroves in the ratio of 1:10 in consultation with the Mangrove Cell and to deposit Rs. 10 lakhs for maintenance - Held that compensatory plantation is necessary to offset the loss of mangroves (Para 6).
Issue of Consideration
Whether the petitioner, MMRDA, can be permitted to construct Metro Line-5 at Kasheli Bridge and Durgadi Fort over mangroves despite directions in PIL No.87 of 2006 prohibiting construction on mangroves without leave of court.
Final Decision
The court granted leave to the petitioner to undertake construction of Metro Line-5 at Kasheli Bridge and Durgadi Fort subject to conditions: (i) plant mangroves in ratio 1:10 in consultation with Mangrove Cell, (ii) deposit Rs. 10 lakhs with Mangrove Cell for maintenance, (iii) comply with all statutory permissions and conditions. Petition disposed of.
Law Points
- Public interest project
- CRZ clearance
- mangrove protection
- compensatory plantation
- statutory permissions
- leave of court
- PIL directions
