MUMBAI: The Bombay high court paved the way for construction of an eight lane Vadodara-Mumbai Expressway by allowing the National Highways Authority of India (NHAI) to fell 350 mangrove trees to clear the way for its construction, observing that it will “benefit large sections of the population”.
“Vadodara-Mumbai greenfield expressway, which forms part of Delhi-Mumbai expressway corridor, will benefit large sections of population in Maharashtra, Gujrat and Union Territory of Daman, Dadra & Nagar Haveli… considering its importance… we deem it appropriate to grant permission,” said the HC bench Acting Chief Justice Sanjay V Gangapurwala and Justice Sandeep V Marne in its ruling on February 2.
The NHAI represented by Additional Solicitor General Anil Singh submitted that though originally it sought cutting of 1,001 mangrove trees, only 350 in the Coastal Regulation Zone of Vaitarna river were required to be felled for the execution of the entire project.
The HC directed the NHAI to abide by its undertaking that it will comply with all conditions set out in the approvals given to the project by the Union Ministry of Environment, Forest and Climate Change and other authorities, including compensatory afforestation and developing a nursery to raise seedlings of forestry species.
The plea said project of development of Vadodara Mumbai Expressway (Phase-II Main Alignment) from Km 26+320 to km 104+700 (km 390.864 of NH-8) of Main Expressway (Length 78.118 km). Leave is sought as some portion of the project comes within Coastal Regulation Zone – IA area. The project would affect 2686 number of mangrove trees within proposed Right of Way, out of which 1,001 mangrove trees are located within the construction zone, which are required to be felled.
Rui Rodrigues, counsel appearing for Union of India and MM Pabale for the State Government and Jaya Bagwe, the counsel for MCZMA, would confirm grant of requisite permissions and clearances granted for execution of the project.
The HC judgement said, “As contended by Singh, this Court has granted permissions for execution of various projects by several proponents including the National Highways Authority of India for execution of works of public importance.”
It added, “The concerns expressed by BEAG about felling of higher number of mangrove trees and diversion of larger area of mangrove forest are taken care of by the additional affidavit dated 19th January 2023 filed by Petitioner in which it is clarified that only 350 mangrove trees would be felled and 0.0785 ha of mangrove forest would be diverted. Thus, even though Petitioner has requested clearance from the various authorities for diversion of larger area of mangrove forest it has undertaken before this Court to restrict the diversion only to 0.0785 of mangrove forest area as well as felling of 350 number of mangrove trees. Mr. Singh has assured this Court that NHAI would scrupulously comply with its statements made in additional affidavit with regard to number of mangrove trees to be felled and area of diversion of mangrove.”
“Vadodara-Mumbai greenfield expressway, which forms part of Delhi-Mumbai expressway corridor, will benefit large sections of population in Maharashtra, Gujrat and Union Territory of Daman, Dadra & Nagar Haveli… considering its importance… we deem it appropriate to grant permission,” said the HC bench Acting Chief Justice Sanjay V Gangapurwala and Justice Sandeep V Marne in its ruling on February 2.
The NHAI represented by Additional Solicitor General Anil Singh submitted that though originally it sought cutting of 1,001 mangrove trees, only 350 in the Coastal Regulation Zone of Vaitarna river were required to be felled for the execution of the entire project.
The HC directed the NHAI to abide by its undertaking that it will comply with all conditions set out in the approvals given to the project by the Union Ministry of Environment, Forest and Climate Change and other authorities, including compensatory afforestation and developing a nursery to raise seedlings of forestry species.
The plea said project of development of Vadodara Mumbai Expressway (Phase-II Main Alignment) from Km 26+320 to km 104+700 (km 390.864 of NH-8) of Main Expressway (Length 78.118 km). Leave is sought as some portion of the project comes within Coastal Regulation Zone – IA area. The project would affect 2686 number of mangrove trees within proposed Right of Way, out of which 1,001 mangrove trees are located within the construction zone, which are required to be felled.
Rui Rodrigues, counsel appearing for Union of India and MM Pabale for the State Government and Jaya Bagwe, the counsel for MCZMA, would confirm grant of requisite permissions and clearances granted for execution of the project.
The HC judgement said, “As contended by Singh, this Court has granted permissions for execution of various projects by several proponents including the National Highways Authority of India for execution of works of public importance.”
It added, “The concerns expressed by BEAG about felling of higher number of mangrove trees and diversion of larger area of mangrove forest are taken care of by the additional affidavit dated 19th January 2023 filed by Petitioner in which it is clarified that only 350 mangrove trees would be felled and 0.0785 ha of mangrove forest would be diverted. Thus, even though Petitioner has requested clearance from the various authorities for diversion of larger area of mangrove forest it has undertaken before this Court to restrict the diversion only to 0.0785 of mangrove forest area as well as felling of 350 number of mangrove trees. Mr. Singh has assured this Court that NHAI would scrupulously comply with its statements made in additional affidavit with regard to number of mangrove trees to be felled and area of diversion of mangrove.”
