Case Note & Summary
The matter arose from a writ petition filed by Maharashtra State Electricity Transmission Company Limited (MSETCL) seeking permission to construct a 132 KV transmission line from Dahanu Sub-Station to the proposed Ambeserai Traction Sub-Station in Taluka Dahanu, District Palghar. The project is an integral part of the Mumbai–Ahmedabad High Speed Rail Corridor (Bullet Train Project), a project of national importance. The execution required diversion of 3.3561 hectares of forest land, including 1.9656 hectares of mangrove forest (847 mangrove trees) and 1.3905 hectares of private forest (196 non-mangrove trees), necessitating prior judicial approval under the orders of the Bombay High Court in PIL No.87 of 2006. The petitioner had obtained Stage-I and Stage-II forest clearances under Section 2 of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 from the Union of India, and CRZ clearance from the Maharashtra Coastal Zone Management Authority. Compensatory measures were proposed: compensatory mangrove plantation of 26,664 saplings over 6 hectares at villages Panchali, Dehane, and Asangaon with channelling, fencing, and ten-year protection; and compensatory afforestation of 7,457 non-mangrove trees over 6.7122 hectares at village Katphal, Solapur. The petitioner deposited required amounts with CAMPA and other authorities. The court considered the statutory approvals, the affidavit of the Mangrove Cell confirming compliance, and the submissions of all parties. Respondent No.3, Bombay Environmental Action Group, did not dispute the project’s importance but raised concerns about the distant compensatory afforestation site (approximately 500 km away) and sought strict judicial supervision. The court held that the project is of national importance, expert bodies had scrutinized and approved the diversion, and the petitioner had undertaken to comply with all conditions. Relying on the express ecological commitments, the court granted leave under paragraph 83(viii) of the Bombay Environmental Action Group judgment, imposing additional conditions. These conditions include: felling limited to the specified trees under strict supervision; compensatory mangrove plantation to be completed simultaneously or prior to felling by November 2026 with ten-year maintenance; compensatory afforestation at Solapur with similar maintenance; publication of all plantation data on a monitoring website; restoration of maximum area post-project; and compliance with conditions in earlier orders. The petition was allowed with no order as to costs.
Headnote
A) Environmental Law - Forest Diversion and Compensatory Afforestation - Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, Section 2 - Grant of permission for diversion of forest land for infrastructure project - Court found that project of national importance, after statutory clearances and expert assessments, permission granted subject to conditions of compensatory plantation and monitoring - Held that expert assessments not interfered with, afforestation must be carried out simultaneously or prior, and ecological commitments must be met (Paras 10-11). B) Environmental Law - Mangrove Protection - Compensatory Mangrove Plantation Requirements - CRZ Notification, 2019; orders in PIL No.87/2006 - Court directs 26,664 mangrove saplings to be planted over 6 ha with channelling, fencing, and ten-year protection, to be completed by November 2026, and information to be published online - Held that strict compliance ensures ecological balance (Paras 11(b), (d)). C) Public Interest Litigation - Court's Supervisory Jurisdiction - Conditions for Project Approval - PIL No.87/2006 (Bombay Environmental Action Group) - Petitioner sought leave as per judgment in PIL No.87/2006; court holds that after examining all clearances and affidavits, permission granted with additional conditions to ensure transparency and accountability - Held that projects of national importance can be permitted if environmental commitments are fulfilled (Paras 7, 10).
Issue of Consideration
Whether permission should be granted for construction of 132 KV transmission line involving diversion of forest land and felling of mangroves, in accordance with prior court orders and statutory conditions, particularly the judgments in PIL No.87 of 2006 and related orders.
Final Decision
Petition allowed. Petitioner granted leave to construct transmission line and cut mangroves subject to stringent conditions including prior compensatory plantation, monitoring, and transparency. Conditions: felling limited to specified trees, compensatory mangrove plantation to be completed by November 2026, fencing and protection for ten years, publication of plantation data online, restoration of area post-project, compliance with earlier court orders.
Law Points
- Projects of national importance
- Expert body assessments not interfered
- Compensatory afforestation must be carried out simultaneously or prior to felling
- Compensatory measures must be monitored
- Ecological commitments assured
