Mumbai: Bombay High Court has permitted mangroves to be cut for the construction of a jetty for minor war vessels and passenger ferries at naval station Karanja in Uran, Navi Mumbai.
“The aforesaid project, which is in public interest, would definitely fall within the exceptions carved out in the CRZ (Coastal Regulation Zone) notification that has prohibited certain activities which are detrimental to the conservation and protection of coastal areas due to its unique environment so as to cause any natural hazards on the coastal stretches of the country,” said Chief Justice Alok Aradhe and Justice Bharati Dangre on Wednesday.
The petition was filed by the director general (naval projects) seeking permission to cut mangroves for the construction of a 400-metre jetty in Mumbai naval harbour along with associated services. As per a Sept 2018 order in a PIL by Bombay Environmental Action Group (BEAG), any project involving the cutting of mangroves requires the HC’s nod. The Maharashtra Coastal Zone Management Authority granted environment clearance in April 2022. The Ministry of Environment and Forest and Climate Change in Aug 2024, granted in-principle approval for diversion of the mangrove land. The petitioner’s advocate, Pinky Bhansali, said the permission was granted on ensuring necessary compliance by the statutory authorities. She also said the project is in national interest.
BEAG’s advocate, Ansh Karnawat, argued that the environment impact assessment report proceeded on the assumption that only 21 mangroves are being cut, whereas as per the petition, 45 mangroves will be cut. The judges noted that since 45 mangroves will be cut, the petitioner deposited Rs 5.13 lakh for a compensatory mangrove management plan. “Needless to state that the forest department of the state govt shall take up the aforesaid project in right earnest. The aforesaid project will be implemented in national interest,” they added.
The judges perused the Jan 2011 CRZ notification in which specific activities are declared as prohibited activities with an exception made in favour of activities related to the waterfront or which directly need foreshore facilities. It additionally prohibited land reclamation but granted exceptions that are required for activities such as setting up or construction or modernisation of foreshore activities like ports, harbours, jetties, etc.
Karnawat relied on the Supreme Court’s March 2020 judgment and submitted that a fresh rapid environment impact assessment must be obtained as the apex court made it imperative by this decision. The judges said the SC judgment pertained to a peripheral ring road project and “we failed to understand how the project of the petitioner would warrant such permission as this is a project covered by CRZ regulation.”