The Bombay High Court last week permitted the National Highway Authority of India (NHAI) to cut mangrove trees located within a patch of the construction zone of the Vadodara-Mumbai Expressway in Maharashtra [National Highways Authority of India v. State of Maharashtra & Ors.]
A division bench of acting Chief Justice SV Gangapurwala and Justice Sandeep Marne held that since the project is important and would benefit people at large, permission ought to be granted.
“Bharatmala Pariyojana is an ambitious and mammoth project of Government of India. Vadodara-Mumbai Greenfield Expressway will benefit large sections of population in Maharashtra, Gujrat and Union Territory of Daman, Dadra & Nagar Haveli. Considering the importance of the project proposed to be undertaken by NHAI, we deem it appropriate to grant permission as sought for,” the 22-page order stated.
The NHAI is developing the Vadodara Mumbai Greenfield Expressway, which is a part of Delhi-Mumbai expressway corridor.
The proposed Vadodara Mumbai Expressway goes through Coastal Regulation Zones (CRZ).
NHAI approached the High Court in light of a 2018 order which imposed a total freeze on destruction of mangroves across the State.
An exception was, however, granted for public projects, with a pre-condition that the project proponent should take permission from the High Court.
NHAI received environmental clearance from the Maharashtra Coastal Zone Management Authority (MCZMA) and the Ministry of Environment, Forest and Climate Change (MoEFCC).
Though the petition was initially filed seeking felling of 1,001 mangrove trees, an affidavit filed later stated that only 350 mangrove trees would have to be cut for the execution of entire project.
The Bombay Environmental Action Group (BEAG), an NGO, had raised concerns about felling of trees and diversion of larger area of mangrove forest.
The NHAI, however, undertook before the court that it would only cut 350 mangrove trees.
“Various authorities have already imposed strict conditions on NHAI including that of afforestation while granting their respective permissions. NHAI will have to strictly comply those conditions. This will ensure adherence to the principle of sustainable development,” the Court emphasized while granting permission.
Additional Solicitor General Anil Singh with Advocates Pralhad Paranjape, SD Shetty, Rakesh Singh, Heena Shaikh briefed by MV Kini & Co. for NHAI.
Additional government pleader MM Pabale appeared for State.
Advocate Rui Rodrigues appeared for Union of India.
Advocates Rohan Kelkar and Sheetal Shah briefed by Mehta Girdharlal appeared for BEAG.
Advocate Jaya Bagwe appeared for MCZMA
