ORDER (PER: CHIEF JUSTICE)

1. Heard the learned Counsel for the respective parties.

2. RULE.

3. Rule is made returnable forthwith. With the consent of the learned Counsel for the parties, the writ petition is heard finally.

4. The petitioner before us is incorporated as a Public Limited Company & is 100% subsidiary of Adani Electricity Mumbai Limited (“AEML”) which has been set-up as a Special Purpose Vehicle for the implementation of a project being the ‘+ 320kV 1 x 1000 MW’ High Voltage Direct Current (“HDVC”) Voltage Source Converter (“VSC”) based Link between MSETCL 400 k V Kudus EHV Substation and AEML 220 kV AEML-Transmission Aarey EHV Substation (HVDC DPR). It is the claim of the petitioner that AEML is one of the Mumbai’s primary electricity supplier and is involved in catering to the electricity needs of the households in Mumbai and Suburbs around Mumbai.

5. The petitioner, through this petition seek a writ of mandamus, directing the respondents to permit it to execute and implement the project which involves 80 km stretch consisting of 30 km of HVDC Over Head Transmission Line and 50 km of HVDC underground cable in the mangrove area, in the wake of public importance of the project since the judgment and order dated 17th September 2018 in PIL No.87 of 2006 make it imperative for it to seek requisite permission from the High Court. The electricity transmission line HVDC which involves 80 km of stretch cable, as per the petitioner, only 1 km passes through areas which have presence of mangroves, whereas 2.2 km of this transmission line falls in the Coastal Regulation Zone area (“CRZ area”), which is

proposed to be laid at the depth of 20 mtrs below the ground using horizontal directional drilling (HDD) and duct bank trenches method across the Vasai Creek.

6. In the wake of the increasing demand of the electricity in Mumbai, the Maharashtra Electricity Regulatory Commission (MERC) on 29th January 2019 in Case No. 3 of 2019 observed that the only option to deal with the scarcity of power generation resources is to increase available transfer capability (ATC) of Mumbai. The Government of Maharashtra (Industries, Energy & Labour Department) agreed with the aforesaid inference and on 11th February 2019, the MERC convened a meeting for review on strengthening of the Mumbai Transmission System and referred the matter for Bulk Power Injection Scheme of Mumbai to the Central Electricity Authority of India which (CEA) on requisite study and analysis concluded that Kudus – Aarey 1000 mw HVDC would provide infeed to Mumbai. It is in this background AEML conceptualized 1000 MW HVDC transmission link between MSETCL Kudus and AEML Aarey to enable injection of 1000 MW power right to load the centre of Mumbai with provision of injection of further 1000 MW if required in future.

7. In the wake of a partial grid failure in Mumbai Metropolitan region on 12th October 2020, the High-Power Committee constituted by MERC, recommended the expeditious implementation of the scheme on priority basis. The petitioner was granted a transmission license under Section 14 of the Electricity Act, 2003 (Act of 2003) on 21st March 2021 and in-principle approval was granted by the MERC on 22nd October 2021.

The Government of Maharashtra (Industries, Energy & Labour Department) passed a resolution on 11th May 2022 granting permission under section 68 of the Act of 2003 for implementation of the HVDC Project.

8. The HVDC project to be undertaken would include approximate length of 2.22 km in CRZ area near Vasai and Kaman Creek though the proposed cables have to pass below the creek and shall be laid at substantial length of 20 M below creek bed via HDD Drilling. The project involved felling of 209 mangroves as per the Mumbai Mangroves Conservation Unit (MMCU), since the inspection confirmed presence of mangroves. Out of 209 mangroves 144 are located in MMCU whereas, 65 mangroves are located in SGNP forest division. The petitioner therefore, obtained an Envi