Case Note & Summary
The petitioner, City & Industrial Development Corporation of Maharashtra Ltd. (CIDCO), filed a writ petition seeking permission to cut and remove mangroves over an area of 0.6266 hectares for the construction of an 11-meter wide bypass bridge with approaches from Hotel Anandi to Uran City in Dronagiri, Navi Mumbai. The petition was necessitated by a coordinate bench's decision in Bombay Environmental Action Group v. State of Maharashtra, which imposed a total freeze on destruction and cutting of mangroves unless necessary for public good or public interest. CIDCO argued that the project was a public project undertaken by it as the New Town Development Authority for Navi Mumbai, and that it had obtained necessary approvals including CRZ clearance from the Maharashtra Coastal Zone Management Authority (MCZMA) and environmental clearance from the State Environment Impact Assessment Authority (SEIAA). The respondents, including the Union of India, MCZMA, and SEIAA, did not oppose the petition. The court, after hearing the parties, allowed the petition subject to conditions: CIDCO must plant 10 mangroves for every mangrove cut, ensure survival of the planted mangroves for five years, and comply with all statutory requirements including CRZ Notification, 2011 and environmental clearance conditions. The court also directed CIDCO to deposit a bank guarantee of Rs. 50 lakhs with the Principal Chief Conservator of Forests to ensure compliance. The petition was disposed of with these directions.
Headnote
A) Environmental Law - Mangrove Preservation - Public Interest Exception - Bombay High Court's directions in Bombay Environmental Action Group case - Petitioner sought permission to cut mangroves for construction of a bypass bridge as a public project - Court held that cutting of mangroves is permissible if necessary for public good or public interest, subject to conditions including compensatory plantation and environmental compliance (Paras 3-8).
Issue of Consideration
Whether CIDCO can be permitted to cut mangroves for construction of a bypass bridge in public interest, and if so, on what conditions.
Final Decision
Petition allowed. CIDCO is permitted to cut mangroves over 0.6266 hectares subject to conditions: (i) plant 10 mangroves for every mangrove cut; (ii) ensure survival of planted mangroves for five years; (iii) comply with CRZ Notification, 2011 and environmental clearance conditions; (iv) deposit bank guarantee of Rs. 50 lakhs with Principal Chief Conservator of Forests to ensure compliance.
Law Points
- Public interest
- mangrove preservation
- compensatory plantation
- environmental clearance
- CRZ notification
