Mangroves natural buffers against flooding, ecologically significant for Mumbai, Thane; can’t destroy unless in public interest: HC

“Mangroves perform a critical protective function by acting as natural buffers against coastal erosion, tidal surges and flooding, thereby safeguarding life, property, and vital coastal infrastructure. They are of particular ecological significance in the creeks and coastal stretches of Mumbai and Thane,” the order reads.

Another bench of the HC, through its September 2018 verdict on PIL by Bombay Environmental Action Group (BEAG) had imposed total freeze on destruction of mangroves across Maharashtra without court’s permission. After the 2018 judgment, any public development or infrastructure project involving cutting of mangroves requires the HC’s approval.

The HC in its 2018 verdict had observed, “the mangroves cannot be destroyed by the state for private, commercial or any other use unless the court finds it necessary for the public good.”

A division bench of Chief Justice Shree Chandrashekhar and Justice Gautam A Ankhad on December 12 allowed BMC’s plea seeking nod for construction of 26.32-kilometres long coastal road of nearly Rs 18,263 crore, extending to an aggregate length of 33.4 kms including interchanges, connectors and ancillary structures, which is proposed to be completed by March 2029. The BMC said net affected area was nearly of 84 hectares.

The BMC said the proposed road would be beneficial for general public as it is expected to decongest the Western Express Highway, Link Road and S V Road and overall travel distance between Versova-Bhayandar will be reduced by nearly 10.4 km and travel time will be 18 minutes instead of earlier 120 minutes. The BMC also claimed said it will reduce fuel consumption by nearly 7.82 lakh kg and CO2 emissions will reduce by 146.86 lakh tonnes.

The BMC further argued that required statutory and development permissions for the project were duly obtained by it. The court was assured by civic body of plantation and maintenance of 1,37,025 mangrove trees, three times the number of mangroves to be cut, over an area of 30 hectares of degraded mangrove forest land in Bhayander village in Palghar district along with chain-link fencing and other protective measures.

“The courts have consistently held that sustainable development is an integral facet of the right to life under Article 21 of the Constitution, while simultaneously exercising judicial restraint in matters concerning infrastructure projects, leaving technical and policy determinations to the domain of the competent authorities,” the order states.

“Where the state has taken safeguards to minimize the environmental impact, the court will not substitute its own assessment for that of statutory bodies who have applied their technical expertise with objectivity,” the bench added.

The HC also reiterated its earlier verdict which had observed “serious concern regarding the apathy displayed and the unsatisfactory state of mangrove replantation and compensatory afforestation”.

It said that “it was inclined to grant the relief” to BMC based on “express ecological commitments” and “categorical assurances” made by the authorities to carry out in situ mangrove plantation and the compensatory afforestation and protect and maintain the same.