WHICH JUDGMENT IS PRONOUNCED : 17.09.2018
JUDGMENT : (PER A.S. OKA, J.)
MANGROVES
1 This Public Interest Litigation (PIL) concerns the issue of
destruction of mangroves ... entire State of Maharashtra. The word
"Mangrove" is considered to be a combination of the Portuguese word
"Mangue" and the English
Save Mangroves And Nvai Mumbai ... vs The Secretary, Govt. Of India, Ministry ... on 21 November, 2018
Author: M.S.Karnik
Bench: Naresh H. Patil ... BOMBAY
CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 98 OF 2014
Save Mangroves and Navi Mumbai
Existence (SAMNE) .. Petitioner
Vs.
Union of India
Coastal
Regulation Zone (CRZ) area and the area affected by the mangroves,
whilst granting liberty to replace the same with live/barbed wire fencing
with ... extends into the area
classified as CRZ and the area affected by mangroves at the said site.
8. Mr. S.U. Kamdar, the learned Senior
STATE OF MAHARASHTRA )
)
2 MAHARASHTRA COASTAL ZONE )
MANAGEMENT AUTHORITY )
)
3 THE MANGROVE CELL )
)
4 THE MINISTRY OF ENVIRONMENT)
FOREST AND CLIMATE CHANGE )
)
5 BOMBAY ENVIRONMENTAL ... brevity) has refused to grant permission to the petitioner, to
cut / fell mangroves falling within Coastal Regulation Zone-I
(hereinafter referred
Salsette Island. The Eastern Coast of Salsette
Island has rows of mangroves, whereas the Western Coast happens to
be sandy and stony. Due to proximity ... accredited by the Quality Council of
India (QCI). As regards impact on mangroves, since
mangrove areas are now declared as reserved forests in
Maharashtra
seems that some persons made a complaint to the
Tahsildar alleging that mangroves were being destroyed on the said plot
of land. Pursuant ... which is of the Samartha
Development Corporation.
(b) That two or three mangrove trees exist inside a nala
which flows at some distance away from
that considering that the project involved the
diversion of 1.4074 Ha reserved mangroves land and destruction
of 430 Nos. of mangroves trees, an application ... Forest
(Conservation) Act, 1980 for diversion of 1.4074 Ha reserved
mangroves forest land on the terms and conditions contained
therein. The State Level Environment Impact
shed for the Mumbai Metro Line - 2 contemplates diversion of
mangroves forest land as well as cutting of 86 mangroves. The
Respondent No.1 after ... duly examining the proposal for diversion
of mangroves forest land, has accorded stage 1 'in principle'
approval under Section 2 of the Forest
High Court
as the case may be for cutting of mangroves."
3] We have heard Mr Mone, learned Counsel appearing on
behalf ... Maharashtra and Respondent No. 4 - Chief Conservator of Forest
(Mangrove Cell) and Ms. Bhattacharya, learned Counsel for
Respondent Nos. 5 to 7 - Intervenors.
4] When
seeking urgent measures for the protection and preservation of the fast depleting mangrove forests which line the coast of State of Maharashtra. The petitioners ... coastline of Maharashtra harboring some of the biologically richest patches of mangroves along the entire western coast of India. All 52 creeks along the coast
