Case Note & Summary
The Bombay High Court disposed of a writ petition filed by the National Highways Authority of India (NHAI) seeking leave to execute the Vadodara-Mumbai Expressway project, which required felling of 1001 mangrove trees in a Coastal Regulation Zone (CRZ-IA) area. The petition was necessitated by directions in a prior PIL (Public Interest Litigation No.87 of 2006) that required court permission for any mangrove destruction. The court noted that the project was of national importance and had obtained all necessary approvals, including from the Maharashtra Coastal Zone Management Authority (MCZMA). However, recognizing the ecological significance of mangroves, the court imposed stringent conditions: NHAI must plant 10,000 mangroves (10 times the number felled) in consultation with the Mangrove Cell, pay compensation for the trees, and comply with all MCZMA conditions. The court also directed that the felling be carried out under supervision of the Mangrove Cell and that the plantation be maintained for five years. The judgment balanced developmental needs with environmental protection, emphasizing that the conditions would mitigate the ecological impact.
Headnote
A) Environmental Law - Mangrove Protection - Permission to Fell Mangroves - CRZ Notification, 2011 - NHAI sought leave to fell 1001 mangroves for expressway project in CRZ-IA area - Court granted permission subject to conditions including compensatory plantation of 10,000 mangroves, payment of compensation, and compliance with MCZMA conditions - Held that development and environment must be balanced, and conditions imposed to mitigate ecological impact (Paras 1-22).
Issue of Consideration
Whether NHAI should be permitted to fell mangroves for construction of Vadodara-Mumbai Expressway in CRZ-IA area, and if so, on what conditions.
Final Decision
Petition disposed of; NHAI permitted to fell 1001 mangroves subject to conditions: (i) plant 10,000 mangroves in consultation with Mangrove Cell, (ii) pay compensation for trees, (iii) comply with MCZMA conditions, (iv) felling under supervision of Mangrove Cell, (v) maintain plantation for 5 years.
Law Points
- Environmental Law
- Coastal Regulation Zone
- Mangrove Protection
- Compensatory Plantation
- Public Interest Litigation
- Sustainable Development
Case Details
2023 LawText (BOM) (01) 80
Writ Petition No.9368 of 2021
S.V. Gangapurwala, ACJ., Sandeep V. Marne, J.
Mr. Anil Singh, Additional Solicitor General of India a/w Mr. Pralhad Paranjape, Mr. S. D. Shetty, Mr. Rakesh Singh, Ms. Heena Shaikh i/b. M. V. Kini & Co. for Petitioner; Mr. M.M. Pabale, AGP for Respondent-State; Mr. Rui Rodrigues for Respondent No.2 – Union of India; Mr. Rohan Kelkar a/w Ms. Sheetal Shah i/b. M/s. Mehta Girdharlal for Respondent No.3; Ms. Jaya Bagwe for Respondent No.4 (MCZMA).
National Highways Authority of India
The State of Maharashtra, The Union of India, Bombay Environmental Action Group, Maharashtra Coastal Zone Management Authority
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition seeking leave to execute a national highway project involving felling of mangroves in CRZ-IA area.
Remedy Sought
NHAI sought permission from the High Court to fell 1001 mangrove trees for construction of Vadodara-Mumbai Expressway.
Filing Reason
Compliance with directions in PIL No.87 of 2006 requiring court permission for mangrove destruction.
Previous Decisions
This Court in PIL No.87 of 2006 (Bombay Environmental Action Group v. State of Maharashtra) directed that no mangroves be cut without leave of the court.
Issues
Whether NHAI should be permitted to fell mangroves for the expressway project.
What conditions should be imposed to mitigate environmental impact.
Submissions/Arguments
NHAI argued that the project is of national importance and all statutory approvals have been obtained.
Respondent No.3 (Bombay Environmental Action Group) opposed the felling, emphasizing ecological importance of mangroves.
MCZMA recommended permission subject to conditions.
Ratio Decidendi
Development projects of national importance can be permitted even if they involve destruction of mangroves, but stringent compensatory conditions must be imposed to balance ecological concerns.
Judgment Excerpts
Leave is sought as some portion of the project comes within Coastal Regulation Zone - IA area.
The project would affect 2686 number of mangrove trees within proposed Right of Way, out of which 1,001 mangrove trees are located within the construction zone, which are required to be felled.
Procedural History
NHAI filed Writ Petition No.9368 of 2021 seeking leave to execute expressway project. The petition was heard and disposed of on 2 February 2023.
Acts & Sections
- Coastal Regulation Zone Notification, 2011: CRZ-IA
