Case Note & Summary
The Bombay High Court considered a writ petition filed by The Tata Power Company Limited and its shareholder seeking a writ of mandamus under Article 226 of the Constitution of India to permit the upgradation of the Kalwa-Kalyan Transmission Line from 110 KV to 220 KV, specifically to replace two transmission towers situated within 50 metres of a mangrove buffer zone. The permission was required under paragraph 83(viii) of the High Court's earlier order dated 17 September 2018 in PIL No.87 of 2006. The proposed project was necessitated by a substantial increase in annual power load and involved replacement of 87 existing towers along a line more than 75 years old passing through Thane District and Coastal Regulation Zone areas. The petitioners had obtained Stage-I forest clearance dated 1 October 2024 under Section 2 of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, in-principle approval from the Maharashtra Electricity Regulatory Commission dated 20 June 2025, recommendation of the Maharashtra Coastal Zone Management Authority dated 21 August 2025, CRZ clearance dated 10 September 2025, and Stage-II forest clearance dated 24 September 2025. A compliance affidavit dated 5 December 2025 showed payment of Rs.2,04,02,991 to the Forest Department and Rs.82,70,336 towards compensatory afforestation over 9.20 hectares of degraded forest land, with 10,221 tree saplings proposed. The court noted that the project did not involve cutting or destruction of mangroves and that no mangrove trees were to be felled. Respondent authorities, through counsel, stated they had no objections. The court held that the petitioners made out a case for grant of permission under paragraph 83(viii), emphasizing the public importance of the project. The writ petition was allowed in terms of prayer clause (a), and Rule was made absolute. The court directed the petitioners to file bi-annual interim applications with comprehensive status and audit reports signed by the Managing Director and Respondent No.5, twice every year for the next ten years, with automatic listing on specified Fridays. Failure to file such reports was to be treated as contempt of court. Liberty to apply was granted.
Headnote
A) Constitutional Law - Writ Jurisdiction - Article 226 Constitution of India - Mandamus for project of public importance - Court can grant permission under a prior judicial order when statutory authorities have no objection and project involves no mangrove destruction - Petitioners sought writ of mandamus to permit replacement of transmission towers in mangrove buffer zone; court satisfied that public importance of augmenting power supply justified grant of permission - Held that writ petition be allowed in terms of prayer clause (a) (Paras 1-13).
B) Environment Law - Coastal Regulation Zone and Mangrove Protection - Paragraph 83(viii) of Bombay High Court order dated 17.09.2018 in PIL No.87 of 2006 - Activity within 50 metres of mangrove buffer zone requires prior permission of High Court - Petitioners established compliance with Stage-I and Stage-II forest clearances, CRZ clearance, MERC approval and compensatory afforestation; project did not involve cutting or destruction of mangroves - Held that permission be granted as contemplated under paragraph 83(viii) (Paras 2-10).
C) Forest Conservation - Compensatory Afforestation - Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 Section 2 - Diversion of 4.5773 hectares forest land, felling of 82 trees, no mangrove trees; payment for net present value and afforestation over 9.20 hectares degraded forest land - Court directed bi-annual filing of status/audit reports for ten years to ensure effective implementation of plantation, maintenance and protection; failure to file reports treated as contempt - Held that petitioners must comply with monitoring mechanism (Paras 8-11).
Issue of Consideration
Whether the High Court should grant permission under paragraph 83(viii) of the judgment and order dated 17.09.2018 in PIL No.87 of 2006 for replacement of two transmission towers situated within 50 metres of the mangrove buffer zone, given the statutory permissions obtained and the absence of objections from respondent authorities.
Final Decision
Writ petition allowed in terms of prayer clause (a); Rule made absolute; permission granted to execute and replace transmission towers as sought, subject to bi-annual filing of status/audit reports for ten years, with failure treated as contempt; liberty to apply.
Law Points
- Writ of mandamus under Article 226 of the Constitution of India can be issued to permit activity in mangrove buffer zone where statutory clearances exist and no mangroves are affected
- permission under paragraph 83(viii) of Bombay High Court order dated 17.09.2018 in PIL No.87 of 2006 required for towers within 50 metres of mangrove buffer zone
- public importance of power transmission project
- compliance with forest diversion and compensatory afforestation
- absence of objections from authorities
- bi-annual reporting to ensure implementation
- failure to file reports treated as contempt
Case Details
2026 LawText (BOM) (08) 115
Writ Petition No. 4429 of 2025 (CNR No. HCBM020352992025)
Ravindra V. Ghuge, ACJ; Gautam A. Ankhad, J.
C.S. Balsara, H.N. Vakil, Samkit Shah, Farhad Vakil, Gaurav Shrivastav, Adarsh Vyas, Jaya Bagve, Mohit P. Jadhav
The Tata Power Company Limited, Mumbai; Vispi Sarosh Patel, Shareholder of Tata Power Co. Ltd.
Union of India, Through the Ministry of Environment, Forest & Climate Change, New Delhi; Maharashtra Coastal Zone Management Authority, Mumbai; State of Maharashtra, Through Forest Department; Additional Principal Chief Conservator of Forest (Mangrove Cell), Mumbai; Principal Chief Conservator of Forest (Head of Forest Force), Nagpur; Maharashtra State Electricity Transmission Company Ltd., Mumbai
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India seeking permission to replace transmission towers in a mangrove buffer zone pursuant to paragraph 83(viii) of the Bombay High Court's order dated 17.09.2018 in PIL No.87 of 2006.
Remedy Sought
Petitioners sought a writ of mandamus directing respondent authorities to permit them to execute and replace 110 kV towers with 220 kV towers of Kalwa-Kalyan Transmission Line in the mangrove buffer zone, grant leave under paragraph 83(viii) of the 2018 PIL order, based on statutory permissions already granted.
Filing Reason
Petitioner No.1 required upgradation of the existing 110 KV Kalwa-Kalyan Transmission Line to 220 KV due to increased power load; two replacement towers fell within 50 metres of the mangrove buffer zone, triggering the requirement of prior court permission under paragraph 83(viii) of the 2018 PIL order.
Previous Decisions
Statutory permissions had been granted: Stage-I forest clearance dated 01.10.2024 under Section 2, MERC in-principle approval dated 20.06.2025, MCZMA recommendation dated 21.08.2025, CRZ clearance dated 10.09.2025, and Stage-II forest clearance dated 24.09.2025. No prior court decision on the present petition, but the 2018 PIL order required court permission.
Issues
Whether the High Court should grant permission under paragraph 83(viii) of the order dated 17.09.2018 in PIL No.87 of 2006 for replacement of two transmission towers within 50 metres of mangrove buffer zone.
Whether the petitioners had complied with statutory requirements including forest diversion, CRZ clearance, and compensatory afforestation to justify grant of the writ of mandamus.
Whether the court should impose monitoring conditions for compensatory afforestation to ensure effective implementation.
Submissions/Arguments
Petitioners submitted that the proposed project would not involve cutting or destruction of mangroves; replacement towers would be erected within the area occupied by existing towers; the project was of public importance and would augment power supply to Thane region; estimated cost was Rs.488 crores; all statutory permissions had been obtained; and they undertook to execute the project strictly in accordance with applicable statutory permissions and conditions.
Respondents through counsel submitted that since statutory permissions and clearances had been granted by competent authorities, they did not have any objections to the proposed project.
Ratio Decidendi
The High Court may grant permission under paragraph 83(viii) of the 2018 PIL order for activities in the mangrove buffer zone where the project is of public importance, does not involve cutting or destruction of mangroves, statutory forest and CRZ clearances have been obtained, and compensatory afforestation obligations have been complied with. The absence of objections from the authorities supports grant of such permission. To ensure effective implementation, the court imposed a ten-year bi-annual reporting requirement, with failure treated as contempt.
Judgment Excerpts
The proposed upgradation involves substitution of the current 110 KV double circuit line with a multi-circuit 220 KV line and replacement of 87 existing transmission towers. Two of these towers are situated within 50 metres of the mangrove buffer zone and, therefore, require the permission in terms of paragraph 83(viii) of the judgment and order dated 17th September 2018 passed by this Court in PIL No.87 of 2006.
The proposed project does not involve cutting or destruction of mangroves.
In view of the nature of the project, the statutory permissions obtained, the compliances undertaken by the Petitioners and the absence of objection from the concerned authorities, we are satisfied that the Petitioners have made out a case for grant of permission contemplated under paragraph 83(viii) of the judgment and order dated 17th September 2018 in PIL No.87 of 2006.
Failure to file such reports or Interim Application shall be treated as contempt of this Court.
Procedural History
Writ petition filed under Article 226 of the Constitution of India. Rule issued and made returnable forthwith; with consent of parties, petition heard finally. Prior permissions obtained: Stage-I forest clearance dated 01.10.2024; MERC in-principle approval dated 20.06.2025; MCZMA recommendation dated 21.08.2025; CRZ clearance dated 10.09.2025; Stage-II forest clearance dated 24.09.2025; compliance affidavit dated 05.12.2025; judgment delivered on 21.08.2026.
Acts & Sections
- Constitution of India: Article 226
- Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980: Section 2
