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DATE :- NOVEMBER 22, 2021 PC: -
1. This writ petition is at the instance of the National Highways Authority of India (NHAI). NHAI has undertaken a project for widening National Highway-3, from a 4-lane highway to an 8-lane highway between Vadape and Thane from km. 539.202 to km. 563.000. For the purpose of execution of the project, 91 number of mangrove trees are likely to be felled, although it is the case of the NHAI that not 4-wp-2634-2021 all such mangrove trees would be destroyed; care would be taken to ensure that affectation is kept at the bare minimum.
7. Having heard submissions advanced on behalf of the respective parties and considering the need of widening National Highway-3, from a 4-lane highway to an 8-lane highway between Vadape and Thane from km. 539.202 to km.563.000, as projected in the writ petition as well as the other affidavits filed on behalf of the NHAI, which is of course intended for public good, and also bearing in mind the assurance of the NHAI that honest endeavours would be made to ensure that minimum number of mangrove trees are felled (out of the 91 trees identified as likely to be affected) in the course of execution of the project, we are of the considered opinion that this is a fit and proper case where permission, as prayed for, by the NHAI from this Court in terms of the order dated 17th September, 2018, in PIL No. 87 of 2006, ought to be granted.
8. We, accordingly, allow the writ petition by passing an order in terms of prayer (a) thereof, which reads as follows: -
"(a) That this Hon'ble Court may be pleased to grant permission to the Petitioner i.e. National Highways Authority of India to remove/fell mangrove trees in an 4-wp-2634-2021 area admeasuring 0.839 ha. of mangrove forest land and/or of approaches of Bridges across Kalwa and Kasheli creeks at both the ends and for the proposed Construction of 8 laning of existing 4 lane Vadape to Thane from km. 539.202 to Km. 563.000 section of NH-
3 (New NH-848) to be executed on Hybrid Annuity Mode in the State of Maharashtra."
9. Needless to observe, the petitioner shall be under obligation not only to obtain all the statutory clearances but also to ensure that minimum number of mangrove trees are felled in the process of widening of the relevant national highway. We also grant liberty to the Divisional Forest Officer, Mumbai Mangrove Conservation Unit, to write to the NHAI, requesting it to obtain whatever clearance is required by law and if such a request is made, supported by any statutory provision, the NHAI shall proceed to obtain such clearance in accordance with law.