Bombay High Court
Mumbai Metropolitioan Region ... vs Union Of India And Ors on 27 January, 2026
2026:BHC-AS:8550-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1197 OF 2025
Mumbai Metropolitan Region Development ]
Authority, Bandra (East), Mumbai ] .. Petitioner
Versus
1. Union of India, ]
Through Ministry of Environment, ]
Forest & Climate Change, Nagpur & Mumbai ]
2. Maharashtra Coastal Zone Management ]
Authority, Mumbai ]
3. State of Maharashtra, ]
Through Environment Department, Mumbai ]
4. State Environmental Impact Assessment ]
Authority, Maharashtra ]
5. Divisional Forest Officer, Mangroves Division, ]
North Konkan, Thane ]
6. Additional Principal Chief Conservator of ]
Forest and Nodal Officer, Nagpur ]
7. Bombay Environment Action Group, Mumbai ] .. Respondents
Mr. Saket Mone with Ms. Anchita Nair and Ms. Fatema Kothari,
Advocates, i/by Vidhi Partners, for the Petitioner.
Mr. D.P. Singh, Advocate for Respondent No.1-UOI.
Ms. Jaya Bagwe, Advocate for Respondent No.2-MCZMA.
Mrs. Neha S. Bhide, Government Pleader with Mr. O.A.
Chandurkar, Additional Government Pleader with Ms. G.R.
Raghuwanshi, Assistant Government Pleader for Respondent
Nos.3 to 6.
Mr. Aditya Mehta with Ms. Deepali Bagla, Advocates, i/by Bagla
& Associates, for Respondent No.7.
CORAM : SHREE CHANDRASHEKHAR, CJ. &
GAUTAM A. ANKHAD, J.
DATE : 27TH JANUARY 2026.
PER, GAUTAM A. ANKHAD, J.
By this petition, the petitioner seeks permission of this Court to undertake the project of diversion of 0.39 hectares mangroves 1/12 901- WP-1197-2025.doc Dixit ::: Uploaded on - 18/02/2026 ::: Downloaded on - 20/02/2026 20:47:20 ::: forest for construction of approach road with spur line to Mogharpada car depot for Mumbai Metro-4 and 4A line. The project is through the mangroves forest Gat No.30(pt) of village Mogharpada, District Thane and entails cutting of 20 mangrove trees. Hence, the present petition is filed seeking permission of this Court in terms of the judgment dated 17th September 2018 passed by this Court in "Bombay Environmental Action Group & Anr. v. The State of Maharashtra & Ors."1
2. Mr. Saket Mone, the learned counsel for the petitioner submits that the petitioner is the planning authority for the Mumbai Metropolitan Region. It established under the provisions of the Mumbai Metropolitan Region Development Authority Act, 1974 and has statutory obligations to develop, regulate, facilitate and administer all civil activities and infrastructure in the Mumbai Metropolitan Region. The Metro project is a public utility project and a part of 337.10 kms of metro corridor being developed. The metro line is crucial for the urban development and transportation for the city of Mumbai. The project partly falls in CRZ-IB, CRZ-II and with remaining area in non-CRZ area. By an order dated 16th July 2020 in WP-LD-VC No.161 of 2020 preferred by the present petitioner, this Court has granted permission for the construction of piers for approach road and spur line to Mogharpada car depot near Ghodbunder road, Thane. Subsequently, it was discovered that there is a mangroves vegetation alongside one nalla between the proposed depot and metro line. This would have to be cut for the construction of approach road with spur line to connect the Metro Line to car depot. Hence, the present petition.
3. Mr. Mone submits that all statutory and development 1 (Public Interest Litigation No.87 of 2006) 2/12 901- WP-1197-2025.doc Dixit ::: Uploaded on - 18/02/2026 ::: Downloaded on - 20/02/2026 20:47:20 ::: permissions required up to this stage have been duly obtained by the petitioner including:
(i) On 10th October 2019, the respondent no.2 considered the petitioner's proposal for consideration of the approach road with the spur line to Mogharpada metro car depot in its 138th meeting and recommended the proposal to respondent no.4 for grant of CRZ clearance.
(ii) On 28th November 2019, the respondent no.4 granted CRZ clearance. The petitioner preferred a Writ Petition bearing WP-LD-VC no.161 of 2020 before this Court seeking permission to start construction as the project fell in the 50 m mangrove buffer zone. The petition was allowed by the order dated 16 th July 2020. It was subsequently found that there is sparse mangroves vegetation alongside one nalla between the proposed depot and metro line. Thus, diversion of the said un-notified mangroves land measuring about 0.39 hectares is required for the project. Accordingly, on 29th May 2024, an application for the proposal of forest clearance was made by the petitioner to the respondent no. 1 for diversion of the said forest land. Between August-September 2025, the petitioner's above-mentioned application was considered and approved by the respondent nos.3, 5 and 6.
(iii) On 1st October 2024, the respondent no.1 granted the Stage-I (in-principle) Forest Clearance under section 2 of the Van (Sanrakshan Evam 3/12 901- WP-1197-2025.doc Dixit ::: Uploaded on - 18/02/2026 ::: Downloaded on - 20/02/2026 20:47:20 ::: Samvardhan) Adhiniyam, 1980. The Stage-II Final Forest Clearance for the project was granted on 11th February 2025.
(iv) On 24th November 2025, final CRZ clearance to the project was issued by the respondent no.1.
4. It is in this background that the petitioner has approached this Court for prior permission to undertake construction of the proposed road. The leave of this Hon'ble Court is sought in accordance with the:
a. Judgment and Order dated 17th September 2018 passed by this Court in PIL No.87 of 2006 read with the order dated 2nd November 2018 in Notice of Motion No.278 of 2018 in PIL No.87 of 2006.
b. Condition no.12 imposed by the respondent no.5 in its recommendation for forest clearance dated 23rd August 2024.
c. Condition no.8 (ii) imposed by the respondent no.3 in its recommendation for forest clearance dated 20 th September 2024.
d. Specific Condition no.3.1 imposed by the respondent no.1 in the Stage-I (in-principle) and final Stage-II Forest Clearance granted under Section 2 of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 dated 1st October 2024 and 11 th February 2025 respectively, and e. Specific Condition no.2 imposed by the respondent no.1 in its CRZ clearance dated 24th November 2025.
5. The respondent nos.2 and 5 have filed affidavits dated 4/12 901- WP-1197-2025.doc Dixit ::: Uploaded on - 18/02/2026 ::: Downloaded on - 20/02/2026 20:47:20 ::: 25th March 2025 and 21 st January 2026 in support of the petition. It is stated that all permissions have been granted strictly in accordance with law.
6. The respondent no.7 has filed an affidavit dated 3 rd March 2025 raising concerns regarding the environmental impact arising from the diversion of 0.39 hectares of mangroves. Mr. Aditya Mehta, the learned counsel for the respondent no.7 submits that the Environmental Impact Assessment Report has not been annexed to the Writ Petition and it is also unclear whether the same has been considered properly by the authorities while granting permissions. It is also submitted that the authorities have failed to consider specific directions in paragraph 58 of the judgment of this Court dated 17th September 2018 passed in PIL no. 87 of 2006 which states that no permissions can be granted in the 50 m buffer zone unless the authorities are fully satisfied that no damage will be caused to the mangroves. The petitioner has filed an affidavit-in-rejoinder dated 21st April 2025 controverting the contentions raised by the respondent no.7. It is stated that perusal of the recommendation by respondent no.2 dated 10th October 2019 would show that the authorities have discussed and deliberated upon the EIA report. It is stated that the petitioner has taken adequate steps to prevent any damage to mangroves and the temporary disturbance in 0.39 hectares area is unavoidable during the construction. Further, as per the additional affidavit dated 6th December 2025, the petitioner has applied for amendment to the previous CRZ Clearance and due process after that has been followed and the requisite permissions have been granted.
7. The petitioner has filed a further affidavit dated 12 th January 2026 confirming compensatory mangroves and forest afforestation.
5/12901- WP-1197-2025.doc Dixit ::: Uploaded on - 18/02/2026 ::: Downloaded on - 20/02/2026 20:47:20 ::: It is stated that the petitioner has made following requisite payments to the Maharashtra Compensatory Afforestation Fund Management and Planning Authority (CAMPA) account of the Forest Department, State of Maharashtra as per the conditions stipulated in the Stage-I clearance dated 1st October 2024:
(i) Rs.4,35,591/- towards the Net Present Value of the diverted forest.
(ii) Rs.64,210/- towards Compensatory Afforestation.
(iii) Rs.60,274/- towards demarcation.
8. It is stated in the affidavit that the petitioner has planted 444 mangrove trees in compliance of the compensatory afforestation. The relevant portions of the affidavit read as under:
"5. I say that as per General Condition No.1.3 of the Stage-I Forest Clearance dated 1st October 2024, Respondent No.1 directed that ten times the trees proposed to be felled was to be planted as compensatory afforestation. In view of the above, the petitioner undertook to plant 220 number of plants on degraded forest for diversion of 0.39 ha. of mangrove forest land and for cutting of 20 mangrove trees and 2 non-mangrove trees.
6. I say that the pursuant to the judgment dated 9 th September 2025 passed by this Hon'ble Court in Mumbai Metropolitan Region Development Authority v. Union of India & Ors., Writ Petition No.1197 of 2025, a dedicated website has been created exclusively for inter alia documenting the compensatory afforestation and mangrove plantation done in lieu of trees felled and mangroves cut. The status of the said project has been updated by the Forest Department on the said website and it is evidenced from the screenshot of the said website that as on date, 444 number of mangrove saplings of species Rhizophora Mucronata have been planted as compensatory afforestation for the said project. This is more than twice the number of mangroves to be planted stipulated under the conditions of the Forest Clearance granted by the respondent no.1 for compensatory afforestation for the said project.
7. I say that on 24th November 2025, the respondent no.1- MoEF&CC issued final CRZ Clearance for the project (annexed as Exh.G/Pg.541 of the Petitioner's Additional Affidavit dated 06.12.2025). As per Specific Condition No.2 of the CRZ Clearance, the petitioner is directed to undertake compensatory 6/12 901- WP-1197-2025.doc Dixit ::: Uploaded on - 18/02/2026 ::: Downloaded on - 20/02/2026 20:47:20 ::: mangrove afforestation at least three times the area of mangroves affected or the compensatory afforestation as per the condition stipulated in the Forest Clearance, whichever is more. In view of the aforesaid, the petitioner shall carry out compensatory afforestation as per the Specific Condition No.2 of CRZ Clearance dated 24th November 2025 under the supervision and guidance of the Mangrove Cell and Forest Department."
9. The respondent no.5 in its further affidavit in reply dated 21st January 2025 confirmed the aforesaid averments and stated that at present as against the compensatory afforestation of 220 mangrove plants, the mangrove cell has planted 444 mangrove plants at Survey No. 86 adm 0.1 hectare at Kopari Village, District Thane. Furthermore, to comply with the conditions under CRZ notification 2019, 1.2 hectare mangrove plantation needs to be undertaken. For the aforesaid purpose, the mangrove cell has identified land at village Jalsar, District Palghar and a demand note of Rs.9,40,569/- has been raised for the cost of fencing and plantation. The respondent no.5 has undertaken to plant 5,332 mangrove plants upon receiving the aforementioned cost from the petitioner. The relevant portion of the said affidavit read as under:
"6. In the present matter, 20 mangrove trees and 2 non-mangrove trees are required to be cut for implementing this part of the project. As against the mangrove trees which are to be cut, the project proponent needs to plant ten times the mangroves affected i.e. 220 mangrove plants. It is humbly submitted that at present as against the compensatory afforestation of 220 mangrove plants, the Mangrove Cell has planted 444 mangrove plants at Survey no.86 adm. 0.1 hector at Kopri village, Dist. Thane. This compliance of mangrove plantation has been duly carried out and information regarding the same is uploaded on the Mangrove Cell's dedicated website.
7. In order to comply with the conditions stipulated in CRZ Notification-
2019, 1.2 hectares mangrove plantation (minimum three times of the mangrove area affected) will have to be done. Accordingly, Mangrove Cell has identified land at Survey no.1090, 1091, 1067 at village Jalsar, Taluka Palghar, District Palghar for the said purpose. Apart from this, demand note dated 20 th January 2026 is also raised by the Mangrove Cell Department demanding an amount of Rs.9,40,569/- which is the cost of fencing as well as plantation.7/12
901- WP-1197-2025.doc Dixit ::: Uploaded on - 18/02/2026 ::: Downloaded on - 20/02/2026 20:47:20 ::: Upon receiving the payments, the Mangrove Cell will undertake the exercise of planting 5,332 mangrove plants on the Survey numbers mentioned hereinabove.
8. It is humbly submitted that for removal of the 22 mangrove trees in 0.39 hectares area, the prior approval of the Hon'ble Court is needed.
9. Upon strict compliance with all the conditions stipulated in the various clearances granted by MoEF and CC and MCZMA, the requisite permission as sought can be granted."
10. Mr. Mone, the learned counsel for the petitioner has tendered a brief note of submissions on 27th January 2026 and inter alia stated as follows:
"4. Petitioner in compliance with conditions of Forest Clearance has paid amount towards Net Present Value of the diverted forest of Rs.4,35,591/-, Compensatory Afforestation of Rs.64,210/-, demarcation of Rs.60,274/- as well as paid cost of felling of trees to Divisional Forest Officer to the tune of Rs.1,02,188/-.
5. The petitioner has paid a sum of Rs.9,40,569/- on 21 st January 2026 for plantation of 5.332 mangrove plants on Survey no.1090, 1091, 1067 at village Jalsar, Taluka and District Palghar in accordance with Specific Condition no.2 of final CRZ Clearance dated 24th November 2025."
11. From the perusal of the aforesaid record, we find that all the statutory authorities have approved the proposed project. The petitioner and its agencies who will execute the project have agreed to comply with all the conditions in the said approvals. The project is a part of the 337.10 kms metro project and is of public utility and importance. The proposed construction is a permissible activity under the CRZ Notification dated 18th January 2019, and the petitioner has received statutory approvals from the respondent nos.1 to 6. In our view, the concerns raised by the respondent no.7 are addressed in the Final approval and have been appropriately dealt with in the affidavits dated 27th March 2025 and 21st January 2026 filed by the respondents and the affidavit dated 12 th January 2026 filed by the petitioner. Thus, in our view, the petitioner is 8/12 901- WP-1197-2025.doc Dixit ::: Uploaded on - 18/02/2026 ::: Downloaded on - 20/02/2026 20:47:20 ::: entitled to leave as sought for in paragraph no. 83(viii) of the judgment in Bombay Environmental Action Group. We may note that this Court has recently considered a similar matter (Mumbai Metropolitan Region Development Authority V/s Union of India)2 where permission was sought for the cutting of mangroves for the proposed construction of the Kasheli Depot, including transmission towers/lines for power supply at Kasheli and Dive-Anjur villages for the Mumbai Metro Line-5 in Thane district. While granting such permission, this Court recorded its serious concern regarding the apathy displayed and the unsatisfactory state of mangrove re-plantation and compensatory afforestation. The relevant portion of the said order is extracted:
"22. During the hearing of this petition, we observed a glaring lack of coordination between the grant of permission and the actual execution of afforestation activities and also gross delay in plantations. Despite deposits being made as directed by the authorities, no serious efforts were undertaken to carry out afforestation or to plant mangroves in place of the cut mangroves/trees. We further found that the monies deposited for afforestation were not being utilized for the intended purpose, and that several other significant lacunae existed in the process.
29. We had also directed the learned Addl. G.P to provide details of projects undertaken over the past three years, i.e. the extent of mangrove destruction involved therein, and the corresponding afforestation measures undertaken/ mangroves plantation done. However, despite the said directions, no such information was made available to this Court or was forthcoming.
30. In light of the above, we considered it appropriate to issue effective directions, since the issue in question has a direct bearing on the environment. The concept of 'sustainable development' has been a matter of great concern for all, whether environmentalists or the Courts. The Apex Court has consistently observed that development and environment must go hand in hand. In other words, there should not be development at the cost of environment and vice versa and that development can take place only after ensuring that as far as possible, environment is safeguarded. It is also observed by Courts that destruction of mangroves violates the fundamental rights of citizens under Article 21 of the Constitution, and that the State, its agencies, and instrumentalities are under a mandatory duty to protect and preserve mangroves under Articles 21, 47, 48A and 51A(g) of the 2 WP No. 3727 of 2025, Order dated 9th September 2025 9/12 901- WP-1197-2025.doc Dixit ::: Uploaded on - 18/02/2026 ::: Downloaded on - 20/02/2026 20:47:20 ::: Constitution. It is thus imperative that in every project where permission is granted resulting in cutting of mangroves or trees, compensatory afforestation must be carried out simultaneously, or even prior to such destruction. Furthermore, all related information must be published on the website to ensure transparency and public awareness. Only through such measures can the true spirit and objective of the decision in Public Interest Litigation No. 87/2006, be achieved.
31. We are of the considered view that where any development project involves the felling of mangroves or diversion of ecologically sensitive land, compensatory afforestation must not remain a formality or a mere post-facto measure. Instead, it must be enforced in a transparent manner, with a parallel condition for project execution. In fact, requisite permissions must be obtained well in advance of the commencement of the project, since the proposed project route i.e. start to end, is already within the knowledge of the authorities, and should not be sought belatedly at the last moment, as is presently being done.
33. The importance of mangroves can hardly be overstated. Not only do mangroves help in mitigating the progression of climate change, but they also play a critical role in limiting its impact. As global temperatures rise, extreme weather events such as storms and tidal surges are becoming more frequent and severe. The trunks and root systems of mangroves absorb the force of waves, serving as a natural frontline defence that shields inland areas and higher ground. Indeed, mangroves are rightly regarded as "climate heroes," since they sequester up to five times more carbon than terrestrial forests, incorporating it into their leaves, branches, roots, and the sediments beneath. Under suitable environmental conditions, mangroves can retain and store this carbon for decades, if not centuries. Mangroves which are planted as small saplings take 15-20 years to grow into trees. Trees which are felled also take years to grow. Thus, it is important to place the route well in advance, so that destruction/felling of mangroves/trees can be minimized.
35 . This delay cannot be countenanced, as this undermines not only the purpose of afforestation but also the trust reposed by this Court through its judgment in PIL No. 87/2006, which is founded on the public trust doctrine.
39. This observation underscores the necessity of ensuring that afforestation is not only undertaken but is done in a manner that meaningfully restores ecological balance in the very regions that suffer degradation, rather than in distant areas where the environmental impact is negligible. We also are of the opinion that it is imperative to create land banks i.e. areas readily available where afforestation can undertaken in future. Further, the progress of afforestation must be closely monitored, including the mortality rate of planted saplings. Where trees or mangroves are translocated, their survival and growth shall also be systematically monitored and reported, so that the compensatory measures are not illusory but effective in practice."10/12
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12. In the present case, although the petitioner has paid part of the requisite charges and has undertaken to comply with the statutory permissions, we expect that a similar situation will not recur. We clarify that all the conditions set out in paragraph 40(IV) in order dated 9th September 2025 passed by this Court in "Mumbai Metropolitan Region Development Authority v. Union of India & Ors"3 shall also apply, to the extent relevant, to the present project. It is only on the basis of the express environmental commitments and the assurances furnished by the petitioner and the respondent no.5 in this petition, that both in situ mangrove plantation and the compensatory afforestation shall be carried out, protected and duly maintained, that we are inclined to grant the reliefs sought in this petition. We accept the Petitioner's undertakings and assurance that in situ re-plantation of mangroves and compensatory afforestation of 5332 trees at Palghar District will be effectively implemented, maintained and protected. We therefore direct the petitioner to file an interim application on a yearly basis, with comprehensive status/audit reports containing all the necessary particulars along with an affidavit signed by the Metropolitan Commissioner of the petitioner as well as by the respondent no.5. The learned counsel appearing for the petitioner as well as the respondent nos.1 to 6 have agreed to comply with any additional conditions that this Court may suggest/impose at any stage of the project. Such interim application shall be filed every year for the next ten years on or before 12th January and shall be automatically listed on the third Friday of January for the purposes of compliance and review. Failure to file such reports or interim application shall be treated as contempt of this Court. Subject to the outcome of the applications, this Court may impose such further directions as required.3
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13. In view of the above, Writ Petition No.1197 of 2025 is allowed in terms of prayer clause (a), which read as under:
"(a) This Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ or order or direction in the nature of mandamus under Article 226 of the Constitution of India, thereby directing the respondent authorities to permit the petitioner to execute the proposed diversion of 0.39 ha. Mangroves forest land for construction of approach road with spur line to Mogharpada Car Depot for Mumbai Metro Line 4 and 4A (Wadala - Mulund -
Thane - Kasarwadavali - Gaimukh) through mangroves forest, Gat No.30 of Village Mogharpada, Taluka Thane, District Thane in view of public importance of the project as per the finding of this Hon'ble Court recorded at paragraph 83(viii) of the Judgment and Order dated 17th September 2018 passed by this Hon'ble Court in PIL No.87 of 2006."
14. Liberty to apply.
[ GAUTAM A. ANKHAD, J. ] [ CHIEF JUSTICE ]
Digitally
signed by
SNEHA SNEHA
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