Case Note & Summary
The Petitioner, Maharashtra State Electricity Transmission Co. Ltd., filed a Writ Petition seeking permission from the Bombay High Court to construct a 132 KV double circuit transmission line from Dahanu Substation to Suryanagar Substation and Kavdas Substation in Thane District, covering approximately 80 kilometers. The line passes through mangrove forest lands, reserved forests, private forests, protected forests, and portions within Dahanu and Jawhar forest divisions in Palghar District. The petition was necessitated by the requirement of prior court permission for any construction activity within 50 meters of mangroves, as per the judgment dated 17th September 2018 in Public Interest Litigation No. 87 of 2006 (Bombay Environmental Group vs. State of Maharashtra). The Petitioner pleaded that although government records show the area as mangrove, site inspection revealed open lands with no live mangroves. The Deputy Conservator of Forests directed the Petitioner to obtain court permission. The Petitioner obtained all statutory permissions, including CRZ clearance from MCZMA, and deposited Rs. 30,80,61,242/- in the CAMPA account for compensatory afforestation. The Court, after hearing the Advocate General for the Petitioner and counsels for the respondents, granted permission subject to conditions: no construction in actual mangrove areas, use of existing forest roads and paths, no felling of mangroves, restoration of temporary access roads, and submission of a compliance report to MCZMA and the Mangrove Cell. The Court also directed that the CAMPA deposit be utilized for mangrove conservation and restoration. The petition was disposed of accordingly.
Headnote
A) Environmental Law - Mangrove Protection - Prior Court Permission - Requirement of prior permission of the High Court for any construction activity within 50 meters of mangroves, as per the judgment dated 17th September 2018 in PIL No. 87 of 2006 (Bombay Environmental Group vs. State of Maharashtra) - The Petitioner sought permission to construct a 132 KV transmission line of approximately 80 km, part of which passes through mangrove areas in Palghar District - The Court granted permission subject to conditions including no construction in actual mangrove areas, use of existing forest roads, and deposit of compensatory afforestation charges (Paras 1-6). B) Environmental Law - Compensatory Afforestation - CAMPA - The Petitioner deposited Rs. 30,80,61,242/- in the CAMPA account towards compensatory afforestation charges as required under the Forest (Conservation) Act, 1980 - The Court noted that the deposit was made and directed that the amount be utilized for mangrove conservation and restoration (Para 4). C) Environmental Law - Coastal Regulation Zone (CRZ) - Compliance with CRZ Notifications - The Petitioner obtained CRZ clearance from the Maharashtra Coastal Zone Management Authority (MCZMA) - The Court directed that the construction shall be in compliance with the CRZ Notification, 2019 and the conditions imposed by MCZMA (Para 5).
Issue of Consideration
Whether the Petitioner can be permitted to construct a 132 KV transmission line passing through mangrove forest lands, reserved forests, and other protected areas, given the requirement of prior court permission under the judgment in Public Interest Litigation No. 87 of 2006.
Final Decision
The Court granted permission to the Petitioner to undertake the construction of the 132 KV transmission line subject to conditions: (i) no construction in actual mangrove areas; (ii) use of existing forest roads and paths; (iii) no felling of mangroves; (iv) restoration of temporary access roads; (v) compliance with CRZ Notification, 2019 and MCZMA conditions; (vi) submission of compliance report to MCZMA and Mangrove Cell; (vii) the CAMPA deposit of Rs. 30,80,61,242/- to be utilized for mangrove conservation and restoration. The petition was disposed of.
Law Points
- Prior permission of court required for construction within 50 meters of mangroves
- Compensatory afforestation charges deposited in CAMPA account
- Compliance with CRZ notifications
- No construction in actual mangrove areas
- Use of existing forest roads and paths
- No felling of mangroves
- Restoration of temporary access roads
- Submission of compliance report to MCZMA and Mangrove Cell.
