The Bombay High Court recently granted the National Highway Authority of India (NHAI) permission to cut mangrove trees in a section of the Vadodara-Mumbai Expressway construction zone in Maharashtra.
A division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne ruled that permission should be granted because the project is important and would benefit the public at large.
The 22- page order stated, “The Bharatmala Pariyojana is a massive and ambitious project of the Government of India. The Vadodara-Mumbai Greenfield Expressway will benefit large sections of the Maharashtra, Gujarat, and Union Territory of Daman, Dadra, and Nagar Haveli populations. Given the significance of the project proposed by NHAI, we believe it is appropriate to grant the requested permission.”
The Vadodara Mumbai Greenfield Expressway, which is part of the Delhi-Mumbai motorway corridor, is being developed by the NHAI. The proposed Vadodara Mumbai Expressway goes through Coastal Regulation Zones (CRZ).
The NHAI approached the High Court in response to a 2018 order prohibiting the destruction of mangroves throughout the state. However, an exception was made for public projects, with the pre- condition that the project proponent obtain permission from the High Court.
The Maharashtra Coastal Zone Management Authority (MCZMA) and the Ministry of Environment, Forests, and Climate Change (MoEFCC) granted NHAI environmental clearance.
Though the petition initially requested the felling of 1,001 mangrove trees, an affidavit filed later stated that only 350 mangrove trees would be required to complete the project.
An NGO, the Bombay Environmental Action Group (BEAG), had expressed concern about the felling of trees and the diversion of a larger area of mangrove forest. However, the NHAI undertook before the court that it would only cut 350 mangrove trees.
The Court highlighted while granting permission that, “While granting their respective permissions, various authorities have already imposed strict conditions on NHAI, including afforestation. NHAI must strictly adhere to those conditions. This will ensure adherence to the principle of sustainable development.”
