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2022 Supreme(Bom) 512

A.A.SAYED, ABHAY AHUJA
Tata Power Company Limited – Appellant
Versus
Union of India through Ministry of Environment Forest and Climate Change – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Dr. Milind Sathe, Mr. Bhushan Deshmukh, Mr. H.N. Vakil.
For the Respondents: Mr. Advait M. Sethna, Mr. N.R. Bubna, Mr. A.L. Patki, Mr. Abhijeet A. Joshi, Ms. Varsha Sawant, Mr. Pheroze F. Mehta, Ms. Rishika Harish.

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 th

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