Bombay High Court
Mumbai Metropolitan Region ... vs Union Of India Thr The Ministry Of ... on 9 September, 2025
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
Digitally signed
by SHAGUFTA
2025:BHC-AS:38035-DB
SHAGUFTA QUTBUDDIN
PATHAN
QUTBUDDIN
Date:
PATHAN 2025.09.12 WP-3727-2025-J.doc
15:33:41
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3727 OF 2025
Mumbai Metropolitan Region Development
Authority,
A statutory body constituted under,
Mumbai Metropolitan Region Development
Authority Act, 1974,
MMRDA Building, Bandra-Kurla Complex,
Bandra (E),
Mumbai 400 051. ... Petitioner
Versus
1. Union of India, through the Ministry
of Environment Forest & Climate Change,
Paryavaran Bhavan, New Delhi 110002
And also, at: Branch Secretariat, 2nd floor,
Aayakar Bhavan, Maharshi Karve Road,
New Marine Lines, Mumbai - 400 020.
2. Maharashtra Coastal Zone Management
Authority, Through its Chairman,
the Principal Secretary, Environment
Department, 2nd Floor, Room No. 217,
Annexe Building, Mantralaya,
Mumbai- 400 032.
3. State of Maharashtra,
Environment Department, through the
Office of Government Pleader,
Bombay High Court, PWD Building, Fort,
Mumbai 400 001.
SQ Pathan 1/39
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4. Additional Principal Chief Conservator of
Forest (Mangrove Cell), Mumbai
Mangrove Conservation Unit, through the
Office of Government Pleader,
Bombay High Court, PWD Building, Fort,
Mumbai 400 001.
5. Additional Principal Chief Conservator of
Forest And Nodal Officer, Nagpur
through the Office of Government Pleader,
Bombay High Court, PWD Building, Fort,
Mumbai 400 001.
6. Bombay Environment Action Group
203, Rajendra Chambers,
19, Nanabhai Lane, Fort,
Mumbai-400001 ... Respondents
Mr. G. S. Hegde, Sr. Advocate a/w Mr. Saket Mone, Ms. Srushti
Thorat and Ms. Fatema Kothari i/b Vidhii Partners for the
Petitioner
Mr. Vishal Kanade as amicus curiae
Mr. Pavan S. Patil a/w Mr. Tanmay Deshmukh and Mr. Soham
Badole for the Respondent No.1-UOI
Ms. Jaya Bagwe for the Respondent No.2-MCZMA
Mr. O. A. Chandurkar, Addl. G.P a/w Ms. Pooja Joshi
Deshpande, A.G.P for the Respondent Nos.3, 4 and 5
Mr. Aditya Mehta a/w Ms. Deepali Bagla i/b Bagla and Associates
for the Respondent No.6
SQ Pathan 2/39
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Mr. S. V. Ramarao, IFS, Addl. Principal Chief Conservator of
Forests, Mangrove Cell is present
Mr. Deepak Popatrao Khade, IFS, DFO, North Konkan Division,
is present
Mr. Milind Mhaiskar, Addl. Chief Secretary, Forest Department,
is present
CORAM : REVATI MOHITE DERE &
DR. NEELA GOKHALE, JJ.
TUESDAY, 9th SEPTEMBER 2025
JUDGMENT (Per Revati Mohite Dere, J.) :
1 In view of the not before order passed by the Hon'ble the Chief Justice's Bench, the aforesaid petition has been placed before us.
2 Heard learned counsel for the parties.
3 Rule. Mr. Pavan Patil waives service on behalf of the Respondent No.1-UOI. Ms. Jaya Bagwe waives service on behalf of the Respondent No.2-MCZMA. Mr. Chandurkar, learned Addl. G.P waives service on behalf of the Respondent Nos.3, 4 and 5. Mr. Aditya Mehta waives service on behalf of the Respondent No.6.
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WP-3727-2025-J.doc 4 Rule is made returnable forthwith with the consent of the parties and is taken up for final disposal. 5 The present petition raises important questions concerning the balance between ecological preservation and infrastructure development, specifically involving the cutting of mangroves for a public utility project.
6 Before delving into the merits of the present petition, it would be apposite to briefly note the importance of mangroves and the legal framework governing their preservation. Mangroves are ecologically fragile coastal ecosystems that serve as natural barriers against erosion and flooding, protect marine biodiversity, and contribute significantly to climate resilience. Recognizing their ecological importance, mangroves have been accorded legal protection under various statutes and judicial pronouncements. The Coastal Regulation Zone (CRZ) Notification, issued under the SQ Pathan 4/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 ::: WP-3727-2025-J.doc Environment (Protection) Act, 1986, classifies mangrove areas exceeding 1,000 square meters as CRZ-I(A), thereby prohibiting any developmental activity within such zones except with prior approval and under stringent conditions. Similarly, under the Forest (Conservation) Act, 1980, read with the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, the felling of mangroves is regulated and may only be permitted upon satisfaction of compelling public interest, accompanied by appropriate compensatory afforestation measures. Judicial recognition of their importance has also been affirmed in Bombay Environmental Action Group v. State of Maharashtra (PIL No. 87 of 2006), wherein this Court held that mangroves cannot be destroyed except where it is found necessary in public interest. This Court in the said judgment invoked the public trust doctrine to hold that mangroves cannot be destroyed for private, commercial or any other use, unless the Court finds such action to be necessary in public interest. Against this backdrop, the Petitioner's request for permission to undertake development involving the cutting of mangroves must be SQ Pathan 5/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 ::: WP-3727-2025-J.doc considered with due regard to both, environmental safeguards and public necessity.
7 By this petition, the Petitioners seeks a direction to the respondent Authorities to permit the Petitioners to execute the proposed construction of Kasheli Depot with EHV towers including transmission lines for power supply to RSS at Kasheli and Dive Anjur villages for Mumbai Metro Line 5 (Thane- Bhiwandi-Kalyan) in Thane, in view of the public importance of the project and as such, grant leave as contemplated in the Specific Condition No. 2 imposed by respondent No. 2- MCZMA at Item No.6, in its 174 th Minutes of Meeting held on 3rd and 4th June 2024; Specific Condition No. 4 in the CRZ Clearance dated 23rd December 2024 issued by respondent No. 1 and Specific Condition No. 1.10 imposed by respondent No. 1 in its letter dated 27th February 2025 granting Stage-I Forest Clearance under Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, in view of the public importance of the project. SQ Pathan 6/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 :::
WP-3727-2025-J.doc 8 The Petitioner is a statutory body established in accordance with the Mumbai Metropolitan Region Development Authority Act, 1974 (`MMRDA Act'), on 26th January 1975. The object of establishing the Petitioner Authority was to make the city of Mumbai a destination for economic activity by promoting infrastructure development and improving the quality of life of people of the said city. The Petitioner Authority promotes and monitors the key projects for developing new growth centers and brings about improvement in sectors like transport, housing, water supply and environment in the Region. The Government of Maharashtra has appointed the Petitioner as project implementing agency for construction of the Mumbai Metro Rail Project.
9 The respondent No.1 is the Union of India through its Ministry of Environment and Forest, being the nodal agency in the administrative structure of the Government for the planning, SQ Pathan 7/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 ::: WP-3727-2025-J.doc promotion, coordination and overseeing the implementation of India's environmental and forestry policies, including but not limited to grant of environment clearance. The respondent No. 2 is the Maharashtra Coastal Zone Management Authority constituted under the CRZ Notification 1991 under the provisions of the Environment (Protection) Act, 1986 ("EPA"), and is responsible for regulating activities in the Coastal Regulation Zones ("CRZ"). The respondent No.2 is also responsible for grant of CRZ clearances.
10 Respondent No.3 is the State of Maharashtra through its Environment Department. The respondent No.4 is the Additional Principal Chief Conservator of Forests (Mangroves Cell), and the respondent No. 5 is the Additional Principal Chief Conservator of Forest and Nodal Officer, Nagpur. The respondent No. 6-Bombay Environment Action Group (`BEAG') is the original Petitioner in PIL No. 87 of 2006. SQ Pathan 8/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 :::
WP-3727-2025-J.doc 11 The Petitioner has approached this Court in view of one of the conditions imposed by the Authorities, namely, that prior permission of the High Court be obtained by the Project Proponent, as per the order dated 17 th September 2018 passed in PIL No. 87/2006, since the proposed construction of the towers falls within the 50-meter mangrove buffer zone and involves the cutting of mangroves. In Bombay Environmental Action Group & Anr. v. The State of Maharashtra & Ors. (PIL No. 87/2006), this Court, inter alia, issued the following direction:
"87 (viii) In view of applicability of public trust doctrine, the State is duty bound to protect and preserve mangroves. The mangroves cannot be permitted to be destructed by the State for private, commercial or any other use unless the Court finds it necessary for the public good or public interest."
12 Having regard to the aforesaid condition imposed by this Court and the condition imposed by several authorities whilst granting environmental clearance/permission to construct Kasheli SQ Pathan 9/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 ::: WP-3727-2025-J.doc Depot alongwith Extra High Voltage (EHV) towers and transmission lines for power supply to Receiving Sub-Station ("RSS") at Kasheli Depot for Mumbai Metro Line-5 (Thane- Bhiwandi-Kalyan), that the Petitioner has approached this Court by way of the aforesaid petition.
13 It is the Petitioner's case that the project in question is one of the many Metro corridors undertaken for implementation by the Petitioner so as to meet the growing transportation need of the city of Mumbai, to reduce the travel time and reduce vehicular traffic in the city of Mumbai and its suburbs. The said corridor is 24.90 km long, which includes 16 stations (one station included in Metro-4) and a depot at Kasheli. For the said project, electricity/power is required for operating the said Metro system and its various activities. According to the Petitioner, the total traction power requirement for smooth operation of Metro Line- 05 is estimated to be 13.8 MW in 2031, and that, in order to ensure a reliable power supply to Metro line 5 and its depot, a SQ Pathan 10/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 ::: WP-3727-2025-J.doc separate dedicated Receiving Sub-Station ("RSS") is proposed at Kasheli in Thane district. According to the Petitioner, the power will be drawn from MSETCL 220 kV double circuit Temghar Colorchem transmission line from Tower No. 6 of LILO arrangement located at Kasheli. The proposed project involves construction of 4 numbers of transmission towers and laying of transmission lines from substation to Tower No. 6 of LILO arrangement located at Kasheli. It is the Petitioner's case that the said project will aid in completion of Metro Line-05, which will help to provide inter-connectivity among the ongoing Metro Line-04 (Wadala to Kasarvadavli) and the proposed Metro Line 12 (Kalyan to Taloja), and with the existing Central Railway. According to the Petitioner, the said project will also provide rail- based access to the commercial, Government bodies and geographical landmarks in Thane, Bhiwandi and Kalyan and as such, will reduce the current travel time between 50% and 75%. It is the Petitioner's case that the Petitioner has applied to various authorities and has sought requisite permission for the said SQ Pathan 11/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 ::: WP-3727-2025-J.doc proposed construction as stated aforesaid. The respondent No.2- MCZMA at Item No.6, in its 174 th Minutes of Meeting held on 3rd and 4th June 2024, amongst other conditions, imposed a Specific Condition No.2, which reads thus :
"Item No.6: Proposed construction of EHV towers including transmission lines for power supply to RSS at Kasheli Depot for Mumbai Metro Line 5 (Thane-Bhiwandi-Kalyan) in Thane by MMRDA.
...........
Decision : ..........
2. Prior High Court permission should be obtained by the PP as per order dated 17th Sep, 2018 in PIL 87/2006, since the proposed construction of Towers falls within 50 m mangrove buffer zone area and cutting of mangroves."
14 The respondent No.1, whilst granting the Petitioner Authority CRZ Clearance dated 23 rd December 2024, amongst other conditions, imposed a Specific Condition No. 4, which reads thus:
"4. The Committee has deliberated the proposal based on the information provided/presented by the proponent. After deliberation, the Committee has noted that the project activity is permissible as per CRZ Notification, 2019 and Maharashtra SQ Pathan 12/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 ::: WP-3727-2025-J.doc CZMA has also recommended the proposal. Further, the Committee has suggested that as the project activity falls in CRZ-IA (mangroves) and CRZ-IA (Mangrove Buffer), the proponent should obtain the necessary prior approval from Hon'ble High Court of Bombay for cutting of mangroves. Further, as committed, mangrove afforestation should be carried out in consultation with Forest Department and success of mangrove afforestation efforts needs to be verified annually by reputed institution in the field of mangrove restoration and report should be submitted to concern IRO. In response, proponent agreed the same."
15 The respondent No.1 also in its letter dated 27 th February 2025, whilst granting the Petitioner Stage - I Forest Clearance under Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980, imposed amongst other conditions, a Specific Condition No. 1.10, which reads thus:
"1.10 The UA shall obtain prior permission from the Hon'ble High Court for felling mangroves before commencing the project. All site-specific mitigation measures shall be planned in consultation with the Mangrove Cell, Mumbai, and implemented at the project's cost as per the Court's direction."
16 It is pertinent to note that this Court vide judgment and order dated 17th September 2018 had recorded a finding that SQ Pathan 13/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 ::: WP-3727-2025-J.doc in view of the applicability of public trust doctrine, the respondent No. 3-State of Maharashtra, Environment Department, is duty bound to protect and preserve mangroves and destruction of the same cannot be permitted for private, commercial or any other use unless this Hon'ble Court finds it necessary for public interest.
17 We heard the learned counsel appearing for the respective parties on several dates and as such, passed several orders in the said petition.
18 It was brought to our notice by Mr. Hegde, the learned senior counsel for the Petitioner that although the concerned authorities had granted permission to cut 70 mangroves, the Petitioner authority has proposed to cut only 26 mangroves. In respect of the 70 mangroves permitted to be cut, the respondent authorities were obligated to plant 370 mangrove saplings (i.e., 5.29 times the permitted number). SQ Pathan 14/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 :::
WP-3727-2025-J.doc 19 During the course of the hearing of the petition, we observed that although permissions were granted by the respondent authorities and requisite payments were made as directed by the said authorities towards compensatory afforestation or planting of mangroves, no parallel steps were taken by the authorities to implement the afforestation measures. 20 In view of this, we directed the learned Addl. G.P. to file an affidavit-cum-undertaking setting out the details of the proposed plantation to be done by the respondent authorities. We also directed the learned Addl. G.P., by our order dated 11 th July 2025, to obtain instructions on whether all relevant project details, particularly those involving the cutting of mangroves or trees, could be uploaded on the Forest Department's website, and whether a dedicated website could be created exclusively for mangrove and tree felling activities in cases where permissions were granted to project proponents/Development Authorities for SQ Pathan 15/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 ::: WP-3727-2025-J.doc developmental projects, as well as for documenting the compensatory afforestation and mangrove plantation done in lieu of trees felled and mangroves cut. We further directed the learned Addl. G.P to obtain instructions on whether a dedicated online platform could be established to transparently track mangrove and tree cutting associated with development works, along with real-time updates on afforestation efforts and compliance.
21 Pursuant to these directions, the learned Addl. G.P, on 16th July 2025, tendered an affidavit of Mr. Dipak Khade, Divisional Forest Officer mangroves Division North Konkan, dated 5th July 2025. In paragraphs 3 to 5 of the said affidavit, it is stated as under :
"3. I am filing this affidavit to place on record the facts and methodology of compensatory afforestation as per the Consolidated Guidelines and Clarifications issued by the Government of India under the Van (Sanrakshan Evam Samvardhan) Adhiniyam 1980. The relevant extracts from those Guidelines are annexed hereto and marked as EXHIBIT R-3.SQ Pathan 16/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 :::
WP-3727-2025-J.doc 3.1] The Rules and Guidelines provide that in cases where the proposed diversion of land exceeds One Hectare, the User Agency (also referred to as Project Proponent) has to identify equivalent non-forest land to be used for Compensatory Afforestation. That land so identified by the Project Proponent should not be under management or administrative control of the Forest Department and should not have been notified as forest under the Indian Forest Act, 1927 or any other law. Thereafter the Deputy Conservator of Forests (Territorial) having jurisdiction over that area will examine the said land and certify whether the said non-forest land is suitable for afforestation. In the instant case, the Deputy Conservator of Forests (Territorial), Dhule has certified the land as suitable for afforestation: the certificate so issued by that Office is annexed hereto and marked as EXHIBIT R-
4. Thereafter a Compensatory Afforestation scheme is forwarded to the Government of India for approval. Following such certification, the User Agency has to (a) acquire that land from its owner, free from all encumbrances and occupation, (b) has to fence that land, (c) obtain mutation of the land records in the name of the Forest Department and then hand over the possession to the Forest Department. This follows from Rule 13 of the Rules under the Adhiniyam and Chapter 2 Guidelines.
3.2] In cases where the proposed diversion is only upto One Hectare, the cost of plantation of 10 times the number of trees proposed to be felled has to be paid by the User Agency. In such case, compensatory afforestation can be done on degraded forest land.SQ Pathan 17/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 :::
WP-3727-2025-J.doc This is provided in Rule 13(5) of the Rules under the Adhiniyam.
4. In the case of the instant Petition, 1111 trees per hectare will be planted in a suitable area of 8.22 Hectares out of 9.30 Hectares Gut No. 57/1, Nimdhale Village, Tal.- Dhule, at Dhule, totalling 9132 trees for the 74 mangroves trees (now, as per Exhibit-1, only 26) to be felled.
5. As stated in the Guidelines (Chapter 2, guideline 2.1), the purpose of compensatory afforestation is to compensate the loss of land "land by land" and loss of "trees by trees".
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. SQ Pathan 18/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 :::
WP-3727-2025-J.doc 23 In this connection, respondent No. 6 tendered certain suggestions regarding the protection and preservation of mangroves. The Petitioner also submitted suggestions for issuance of guidelines concerning the protection and conservation of mangroves/trees.
24 Infact, during the course of the hearing, we found that for cutting the 70 mangroves, afforestation was to be done at Nimdhale Village, at Nimdhale Village at Dhule as per Condition No.1.10 imposed by the respondent No.1, however, there was no condition with respect to re-plantation of mangroves, as mandated under the applicable Coastal Regulation Zone (CRZ) Notification and Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980. For mangroves which were going to be cut in Thane, compensatory afforestation was being done in Dhule, by planting trees. Dhule is at a distance of 345 kms from Mumbai. No plantation of mangroves was being done in Thane where the mangroves were sought to be cut. It is only during the course of SQ Pathan 19/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 ::: WP-3727-2025-J.doc the hearing, when the same was brought to the notice of the learned counsel for the respondent No.6 that the respondent No. 4 agreed and informed us that 370 mangrove saplings would be planted in Survey No. 62 at Village Surai.
25 Considering that this decision was taken when the same was brought to the notice of the concerned authorities during the hearing of the petition, and the dismal state of affairs, as noted herein-above, we thought it appropriate to appoint a Court Commissioner to visit the proposed site and verify whether there was sufficient area to plant 370 saplings in Survey No. 62, at Village Surai. Accordingly, we appointed Advocate Mr. Vishal Kanade as the Court Commissioner, who graciously accepted the said assignment. Mr. Kanade submitted his report on 22 nd July 2025, which was taken on record. Paras 4 to 7 of the said report read thus :
"4. At the site, the representatives of the Forest Department and MMRDA indicated that Sno 62 belonged to the Forest Department and that they had identified an SQ Pathan 20/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 ::: WP-3727-2025-J.doc area of 0.1 Hectare for afforestation of 370 saplings. A rectangular area was demarcated with Red Flags planted at the site. The plot is perpendicular to a channel of water, essentially being an estuary.
5. It was observed that this rectangular plot had tall grass, which was being cleared by a few labourers. I was informed by the Forest Department official that tall grass / unwanted vegetation had to be cleared for the purpose of planting of mangrove saplings.
6. The representatives of the Forest Department and MMRDA indicated that they propose to plant more than 370 saplings, i.e about 400 as a matter of abundant precaution. The saplings will be planted at a distance of 1.5 meters such that one row will have 40 saplings on either side of edge of the row. In the row, which will have 40 saplings on either side, channelizing work will be taken up in the middle of the row so that water from the estuary can be channelised for the growth of the mangrove saplings. I was informed that the Forest Department proposes to have 5 such rows and distance between such row / channel will be that of 6 meters.
Observation/Conclusion
7. In my view, from an ocular standpoint, the plot of land earmarked for this purpose seems large enough to accommodate 5 rows divided by a distance of 6 meters (each row with 40 saplings on either side of a channel). The entire plot being perpendicular to the channel of water emanating from the estuary."SQ Pathan 21/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 :::
WP-3727-2025-J.doc 26 It thus appears that there is sufficient land for the purpose of planting 370-400 mangroves. We are informed by the learned Addl. G.P on instructions of the concerned officer, that the channeling work has commenced, and the plantation of 370- 400 mangrove saplings is expected to be completed by the end of September 2025.
27 During the course of the hearing, keeping in mind our concern regarding the implementation and transparency of afforestation efforts, we directed the authorities to create a dedicated website, accessible to one and all. A website containing details of the project, amounts deposited, mangroves/trees affected, including details of species of trees to be felled and compensatory afforestation efforts undertaken i.e. trees/mangroves where planted, including the numbers/species, their survival details, etc. Details of Court order alongwith conditions to be complied with; status of compliance done, SQ Pathan 22/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 ::: WP-3727-2025-J.doc alongwith updated photographs, periodically, etc. also to be uploaded on this website. We had also expressed our serious concern that the procedure for inviting objections with regard to the destruction/affecting of mangroves was opaque and hence required greater transparency. The learned Addl. G.P, on instructions, assured us that such a dedicated website would be created within four weeks from the date of the order, incorporating all requisite details.
28 Since the project in question is a significant public utility project and the Petitioner has obtained all necessary permissions from the concerned authorities as required by law, we granted permission to the Petitioner to commence the project, vide our order dated 22nd July 2025. The matter was thereafter listed on 23rd July 2025 to enable the learned Addl. G.P to take instructions and inform the Court as to when the afforestation plantation at District Dhule would commence. SQ Pathan 23/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 :::
WP-3727-2025-J.doc 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 SQ Pathan 24/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 ::: WP-3727-2025-J.doc 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 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. Infact, requisite SQ Pathan 25/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 ::: WP-3727-2025-J.doc 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.
32 We have also observed that Development/Planning Authorities approach this Court at the eleventh hour, seeking urgent permissions for cutting of trees and mangroves, while pressing that any delay would escalate project costs. This practice needs to be condemned. The route and design of a project--from point A to point Z--are known to the authorities well in advance. Consequently, the trees and mangroves likely to be impacted are also ascertainable at the outset. Permissions for felling must therefore be sought sufficiently in advance, and not at the last minute, so that afforestation steps/mangrove plantations can start well in advance.
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WP-3727-2025-J.doc 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. SQ Pathan 27/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 :::
WP-3727-2025-J.doc 34 We also find that despite obtaining necessary approvals, there exists a clear disconnect between permission for cutting mangroves and the actual implementation of compensatory afforestation. Even where amounts were deposited and conditions were stipulated, the corresponding on- ground measures were either delayed or neglected or not fulfilled. Take for example the following projects:
S. Name of Name Proposed Type Approval Compen- District Present Statuts No. the of the area of of satory of Project Agency Diversion Project Afforestat Compensatory Mangrove ion on Afforestation Forest ha.
In ha.
Stage I Stage II
1. Constructi MCGM 35 Non- 22.08.19 03.02.23 6, 17, Thane Part plantation
on of Linear 9, 9 completed in
Malad March 2025
Sewage
Treatment Part plantation
Plant will be
(STP) completed by
along September
with 2025
influent
pumping
station &
effluent
pumping
station
2. Constructi MMRDA 0.985 Linear 11.03.20 09.02.23 1 Mumbai Proposed in
on of the Suburban APO
Metro 2025-2026
Pier &
Bhakti
SQ Pathan 28/39
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Park
Station
for the
Mumbai
Metro
Line 4
3. Constructi GOVT 0.034 Linear 05.12.22 02.11.23 1 Palghar Proposed in
on of jetty AGENCY APO
and allied 2025-2026
facilities
at Borivali
District
Mumbai
Suburban
4. Widening MCGM 0.0254 Linear 30.10.20 04.01.24 1 Thane Proposed in
and APO
reconstruc 2025-2026
tion of
bridge
across
Mithi
River at
Mahim
causeway
5. Proposed URB- 0.045 Linear 14.06.19 17.05.24 1 Mumbai Proposed in
water INFRA Suburban APO
pipeline 2025-2026
carrying
secondary
treated
sewage
from
Ghatkopa
r Pumping
Station to
Waste to
Energy
plant at
village -
Deonar
and
Vikroli,
District-
Mumbai
Surburban
, by
MCGM
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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.
36 There is also a pressing need to maintain transparency in such matters, which affect both the ecology and public interest.
Therefore, project-related information must be publicly accessible, including permissions, conditions, maps, afforestation status, and monitoring mechanisms. Digitally verifiable and publicly accessible data, such as Geo-tagged photographs and plantation updates, etc. are necessary to ensure accountability, failing which, the spirit of the judgment in PIL and orders passed by this Court will remain only on paper. Progress of trees/mangroves needs to be monitored i.e. the mortality rate of the saplings. If trees are translocated, there survival also needs to be monitored.
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WP-3727-2025-J.doc 37 As emerged during the hearing, apart from what has been stated hereinabove, funds deposited by Development Authorities into the Compensatory Afforestation Fund (CAMPA) for specific projects were often being diverted for purposes unconnected with those projects. This is impermissible. Monies deposited by Development or Planning Authorities must be utilised strictly for afforestation and conservation measures connected to the project for which such deposits are made, and not for any other project.
38 We have also taken note that compensatory afforestation is being carried out at locations far remote from the sites where trees are felled, rather than in close proximity to the affected areas, which are environmentally impacted by such felling. The same requires serious consideration. The Apex Court, in M.C. Mehta v. Union of India1, has observed in paragraph 3 as under:
1 WP (Civil) No.4677/1985 (Order dated 15/04/2024) SQ Pathan 31/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 ::: WP-3727-2025-J.doc "3. We are informed across the Bar by Mr. S.W.A. Qadri, the learned senior counsel for the applicant that the site for compensatory afforestation is approximately at a distance of 10 kilometers from the site of the project. The question is whether there can be, in true sense, compensatory afforestation by providing a site approximately at a distance of 10 kilometers away from the site of the project."
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. SQ Pathan 32/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 :::
WP-3727-2025-J.doc 40 In view of the above discussion and findings, the Petition is disposed of with the following directions:
I. The Petitioner is permitted to commence and execute the proposed construction of the Kasheli Depot with EHV towers and transmission lines for Mumbai Metro Line-
5, including the cutting of 26 mangroves, subject to strict compliance with all conditions imposed by the concerned statutory authorities.
II. The plantation of 370-400 mangrove saplings, as undertaken by the authorities, shall be completed by 30 th September 2025 in Survey No. 62 at Village Surai. Trees also to be planted at Dhule.
III. The cost of fencing of the plantation area referred to in Clause II shall be borne by the concerned Planning Authority.SQ Pathan 33/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 :::
WP-3727-2025-J.doc IV. In addition to the aforesaid project-specific directions, the following shall operate as general conditions applicable to this and all future permissions concerning cutting or diversion of mangroves/trees:
(a) Monies deposited by the project proponent shall be utilised exclusively for afforestation purposes, the purpose for which it is deposited i.e. for plantation of trees/mangroves or both.
(b) The authorities shall, within six weeks, launch a dedicated public website/portal to host project-specific information, past and present, pertaining to projects of the last ten years, wherein permissions were granted for cutting of trees or mangroves, together with the approvals and conditions imposed on the project proponents. The web portal to also contain details such as (i) the name, location, and purpose of the project; (ii) all approvals granted; (iii) the number and location of mangroves/trees affected; (iv) details of compensatory plantation, i.e. species, number, and SQ Pathan 34/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 ::: WP-3727-2025-J.doc location; (v) the status of afforestation, supported by geo-
tagged and time-stamped photographs duly certified by the Nodal Officer; (vi) details of compliance, together with annual verification reports; and (vii) survival of trees/mangroves so planted i.e. mortality, and, if the same do not survive, the re-plantation done.
(c) The said portal shall be updated once every four months giving the aforesaid particulars.
(d) Details of the land bank created for afforestation shall also be uploaded on the portal within eight weeks. Such land shall be duly fenced, kept free from encroachment, mutated in favour of the Forest Department, and handed over to it. Land identified as suitable for mangrove plantations shall likewise be earmarked as land banks and reflected on the website. Regular monitoring shall be undertaken to ensure that no encroachment takes place on the land banks created for afforestation.
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(e) Where diversion exceeds one hectare, the User Agency must identify equivalent non-forest land for compensatory afforestation. Such land must neither be under the control of the Forest Department nor notified as forest under any law. It shall be verified and certified by the Deputy Conservator of Forests (Territorial) as suitable for afforestation. Upon such identification, the User Agency must acquire the land, fence it, ensure mutation of land records in favour of the Forest Department, and hand over possession to the Forest Department, in accordance with Rule 13 of the Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 and Chapter II of the Compensatory Afforestation Guidelines.
(f) Where diversion is less than one hectare, the User Agency shall bear the cost of plantation of ten times the number of trees proposed to be cut. In such cases, compensatory mangrove afforestation shall be undertaken on degraded mangrove land, within the same district, following the principle of "land-for-land" and "tree-for-tree", as SQ Pathan 36/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 ::: WP-3727-2025-J.doc provided in Chapter 2, Guideline 2.1. In cases of large-scale mangrove loss, afforestation shall be planned in alternate degraded mangrove areas within the same district or region.
(g) Environmental approvals to be obtained and granted for the project as a whole, and not in a piecemeal manner, so that the total number of trees/mangroves likely to be affected is placed before the authorities and the Court. All such approvals shall be uploaded on the website as and when obtained/granted.
(h) In case of any subsequent modifications, the project proponent must provide due justification and undertake a fresh Environmental Impact Assessment, together with a revised mangrove conservation plan covering the project in its entirety.
(i) The Forest Department/Mangrove Cell shall identify sites for compensatory afforestation in close proximity to the affected area, in line with the observation of the Apex Court in MC Mehta v. Union of India (supra). SQ Pathan 37/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 :::
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(j) No felling shall commence until afforestation measures are initiated, bearing in mind the considerable time required for trees and mangroves to attain maturity.
(k) The Forest Department/Mangrove Cell shall give seven days' advance intimation to the Respondent No. 6 (Bombay Environmental Action Group) before carrying out afforestation, to enable deputation of a representative to observe the plantation process.
(l) The following documents shall be made freely accessible to the public on the Mangrove Cell website without login or registration: project proposals, clearances, EIA/EMP reports, minutes of meetings, inspection reports, CZMP maps, NoCs, approvals, conservation and afforestation plans, geo-tagged plantation details, photographs, and compliance/status reports, etc.
(m) All mangrove patches within and around the project site shall be geo-tagged and GIS-mapped. SQ Pathan 38/39 ::: Uploaded on - 12/09/2025 ::: Downloaded on - 12/09/2025 23:21:01 :::
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(n) Re-plantation shall strictly be in compliance with the provisions of the 1980 Act and the Rules of 2023 framed thereunder.
41 Rule is made absolute in the above terms.
42 The Writ Petition is accordingly disposed of. No order as to costs.
43 The petition be listed initially every four months for compliance review/for further directions. 44 We would like to record a word of appreciation for the able assistance provided and the efforts taken by Mr. Kanade, as an amicus curiae.
45 All concerned to act on the authenticated copy of this judgment.
DR. NEELA GOKHALE, J. REVATI MOHITE DERE, J.
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