Construction Of Railway Lines Will Reduce Emissions & Alleviate Traffic Congestion: Bombay HC Permits Cutting Of 2,612 Mangroves
The Bombay High Court has permitted cutting of 2,612 mangroves from the land impacted by the construction of the 5th and 6th railway lines between Borivali and Virar.
The Court was dealing with a writ petition filed by the Western Railway, Churchgate, Mumbai seeking permission to remove approximately 2,612 mangroves as part of the Mumbai Urban Transport Project III-A.
A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar remarked, “The broader public interest and welfare, when weighed against the environmental consequences of cutting the mangroves, is balanced by the fact that the construction of the 5th and 6th lines between Borivali and Virar will alleviate congestion on the existing lines used by local trains, thereby allowing for the operation of additional local trains. The railway system is an eco-friendly mode of mass transportation and one of the most efficient in the world. The construction of these lines will reduce emissions, alleviate traffic congestion, and conserve precious fuel.”
The Bench said that the project is overwhelmingly in the public interest and has significant ecological benefits.
Advocate Atharva A. Dandekar represented the petitioners while Additional Government Pleader (AGP) Abhay L. Patki and Senior Advocate Kurl Shroff represented the respondents.
In this case, the petitioners sought authorization to execute the necessary works related to the proposed 5th and 6th lines, in accordance with the principal approval dated November 17, 2023, granted by the Regional Empowered Committee. The petition was filed in compliance with the directions issued by the High Court in paragraph 83(viii) of the judgment and order in Public Interest Litigation No. 87 of 2006. As per the petitioners, the Suburban Railway System in Mumbai is the most complex, heavily loaded, and intensively utilized railway system globally having the highest passenger density in the world, with approximately 8 million commuters traveling daily. The system is operated by two Zonal Railways, Western Railway (WR) and Central Railway (CR), and spans an expanse of 376 route kilometers.
The suburban services are operated using Electric Multiple Units (EMU), comprising 284 rakes of 12-car and 15-car configurations, which are utilized to run over 3,000 train services daily. The Mumbai Urban Transport Project is intended to enhance mass transportation services in Mumbai and to address the steadily increasing demand of the Mumbai Suburban Rail System. MUTP Phase-I commenced in 2002 and was completed in 2011. According to the petitioners, the construction of the 5th and 6th lines between Borivali and Virar is a Western Railway project and will fall within the alignment of Western Railway. The proposed project is expected to benefit approximately 1.7 million additional commuters of the Western Railway suburban service.
The High Court after hearing the contentions of the counsel observed, “In the present case, the additional circumstance rendering the implementation of the project absolutely necessary, with no viable alternative, is the fact that the proposed project is adjacent to the existing railway line, situated on land owned by the railways. Accordingly, this alignment has been determined to be the most suitable from technical, economic, and functional perspectives.”
The Court noted that the affected mangrove area is required to be effectively compensated through compensatory afforestation by planting 7,823 mangroves at Survey No. 70, Village Sandor, Taluka Vasai, District Palghar, which is in close proximity to the mangroves proposed to be cut and that the petitioners have deposited the costs of Rs. 15,00,000/- for the plantation and maintenance in January 2024.
“… the Ministry of Environment and Forests has granted in-principle approval for the project by an order dated 17 November 2023, subject to the compliance with Conditions Nos. (i) to (xxiii) of the said order”, it said.
As the Court did not address the legal point raised by the petitioner regarding whether, in light of Section 11 of the Railways Act, permission under the provisions of the Environment Protection Act, CRZ Notification, and the Forest Conservation Act (FCA) is necessary, it specifically reserved this question for adjudication in an appropriate case.
“The petitioners are permitted to remove 2,612 mangroves from the land impacted by the construction of the 5th and 6th railway lines between Borivali and Virar stations, as part of the Mumbai Urban Transport Project III-A, and to carry out all necessary works in connection with the proposed 5th and 6th lines, in accordance with the in-principle approval dated 17 November 2023 granted by the Regional Empowered Committee, subject to compliance with the conditions imposed by the Ministry of Environment and Forests in the order dated 17 November 2023”, it ordered.
Accordingly, the High Court disposed of the writ petition and allowed cutting of mangroves.
Cause Title- The Union of India & Anr. v. Deputy Director General of Forests & Ors. (Neutral Citation: 2024:BHC-OS:13512-DB)
Appearance:
Petitioners: Advocates Atharva A. Dandekar and Hitendra V. Parab.
Respondents: AGP Abhay L. Patki, Senior Advocate Kurl Shroff, and Advocate Sheetal Shah.
