Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
A.A. SAYED, ABHAY AHUJA, JJ.
The Tata Power Company Limited – Petitioner
Versus
Union of India through Ministry of Environment Forest and Climate Change – Respondent
Writ Petition No. 1207 of 2022
Decided On : 02-03-2022
Constitution of India, 1950 - Article 226, 21, 47, 48A and 51A(g) - Environment (Protection) Act, 1986 - Section 15- Forest (Conservation) Act, 1980 - Section 2, 2A - National Green Tribunal Act, 2010 - Section 16(e) - Essential Services Maintenance Act, 1955 - Company - Supplying Electricity - Petitioner No. 1 is a Company supplying electricity to consumers in the island city of Mumbai - It is submitted that current power generation in Mumbai is 1877 MW, whereas, power demand is 3800 MW - Gap of about 2000 MW is bridged by procuring power from outside Mumbai through transmission lines connected with State Grid - Due to upcoming infrastructure projects, power demand is expected to increase, which can lead to shortage of power - Many of generating plants located in Mumbai are more than 25 years old and are ageing fast - Therefore, need to augment existing 110 KV transmission line connecting Kalwa Receiving Station to various generating stations is a project in public interest – Held, Court note that though there is an observation that compliance report had been submitted in that case, however, there is no mention that formal Stage-II approval was in place and, therefore, in Court view learned Counsel’s reference to said decision would not really assist case of Respondent-MoEFCC, particularly in view of Court discussion above as well as guidelines and proposed safeguards in form of undertakings – Court accordingly direct Respondent Authorities to permit Petitioners to execute proposed construction of 220 KV Kalwa Salesette Transmission Line in mangrove area and its buffer zone in view of public importance of project, subject to Petitioners complying with conditions imposed in clearances/permissions granted by Respondent Authorities and undertakings mentioned herein-below and undertakings mentioned herein-below - Aforesaid order is subject to condition that responsible officer of Petitioners files an undertaking before this Court that Petitioners shall undertake compensatory plantation of 5000 mangrove saplings as suggested by BNHS, shall strictly comply with conditions as imposed in permissions/clearances granted by various authorities such as Ministry of Environment, Forest and Climate Change, Maharashtra Coastal Zone Management Authority, Chief Conservator of Forest (Mangrove Cell), Forest Department and other authorities-that have granted permissions/clearances as well as undertaking in terms of in-principle approval to submit a compliance report of conditions stipulated in Stage-I approval for grant of Stage-II approval and that Petitioners will abide by and adhere to guidelines issued by Ministry of Environment, Forest and Climate Change for diversion of forest land for non-forest purpose under Forest (Conservation) Act, 1980 as well as obtain any further approvals/permissions that may be necessary for executing Project and to comply with conditions therein - Aforesaid undertakings to be furnished to this Court within ten days from date of uploading of this order - Petition allowed.
JUDGMENT :
ABHAY AHUJA, J.
1. By this Petition, filed under Article 226 of the Constitution of India, Petitioners are seeking a direction of this Court to the Respondent Authorities to allow Petitioners to implement the project for 220 KV transmission line between Kalwa and Salsette pursuant to the permissions granted under the provisions of the Environment (Protection) Act, 1986 (for short “EPA 1986”) Forest (Conservation) Act, 1980 (for short “FCA 1980”) and the Notifications issued under the provisions of EPA, 1986.
2. Petitioner No. 1 is a Company supplying electricity to the consumers in the island city of Mumbai. To implement the scheme approved by the State Transmission Utility (“STU”) and the Maharashtra Electricity Regulatory Commission (“MERC”) Petitioners propose to construct of 220 KV transmission line of about 5 kilometers from Kalwa to Salsette (the “Project”) to augment the existing 110 KV transmission line corridor, which will be passing through the existing Right of Way (“ROW”) of 22 meters width over an area consisting of mangroves and also falling within 50 meters mangrove buffer zone.
3. Dr. Milind Sathe, learned Senior Counsel for the Petitioners submits that in this regard, Petitioner No. 1 has obtained the Environmental Impact Assessment (“EIA”) report from the Bombay Natural History Society (“BNHS”) regarding the possible impact of the Project on the mangroves in the existing ROW. The said Report has highlighted the following:
(ii) About 477 number of mangroves will be displaced due to the proposed project.
(iii) BNHS has suggested compensatory plantation about 5000 mangroves saplings.
Learned Senior Counsel submits, on instructions, that Petitioners would undertake the compensatory plantation as above for protection of the environment.
4. He submits that Petitioner No. 1 has also received the following approvals which are necessary for execution of the Project:
(ii) Coastal Regulation Zone (CRZ) clearance dated 24th November 2015 and CRZ clearance validity extension dated 21st May 2021 from Ministry of Environment, Forest and Climate Change (MoEFCC) valid upto 23rd November 2025 where Specific Condition No. (iv), Part-A, I-Construction Phase requires prior permission of this Court for activity in Mangroves and its buffer zone.
(iii) Forest Stage-I “in-principle” clearance dated 13th December 2021, from Regional Office of Ministry of Environment, Forest and Climate Change (MoEFCC), Nagpur.
5. It is submitted that the current power generation in Mumbai is 1877 MW, whereas, the power demand is 3800 MW. The gap of about 2000 MW is bridged by procuring power from outside Mumbai through transmission lines connected with State Grid. Due to upcoming infrastructure projects, the power demand is expected to increase, which can lead to shortage of power. Many of the generating plants located in Mumbai are more than 25 years old and are ageing fast. Therefore, the need to augment the existing 110 KV transmission line connecting Kalwa Receiving Station to various generating stations is a project in public interest.
6. Learned Senior Counsel submits that pursuant to judgment dated 17th September 2018 in Public Interest Litigation No. 87 of 2006 (Bombay Environment Action Group and Another vs. State of Maharashtra and Others), 2019 (1) Bom. C.R. 1, any development in respect of mangroves of 1000 sq. meters or more, including a buffer zone of 50 meters being part of CRZ-I has been banned except with the leave of this Court. It is in these circumstances, Petitioners have approached this Court for directions to the Respondent Authorities to permit execution of
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
