The Bombay High Court on Tuesday, August 4, granted permission to fell 847 mangrove trees and 196 non-mangrove trees for the construction of a 132 kV transmission line connecting the proposed Ambesaray traction substation in Palghar district to the Mumbai-Ahmedabad Bullet Train project.
However, the Court made it clear that the approval was granted only because of the project's national importance and should not be treated as a precedent for future cases.
The order came in response to a petition filed by the Maharashtra State Electricity Transmission Company Limited (MSETCL), which sought permission to divert 3.3561 hectares of forest land, including 1.9656 hectares of mangrove forest, for the installation of the transmission line.
While allowing the proposal, the Bench emphasized that compensatory plantation should focus on ecological restoration rather than merely replacing the number of trees felled.
"The objective of compensatory plantation is not merely the quantitative replacement of trees felled for a project; its purpose is ecological restoration," the Court observed.
The Court further noted that ecological restoration is meaningful only when plantations are carried out within the same ecological zone or, if that is not possible, in the immediate vicinity of the affected area.
"Plantation carried out hundreds of kilometers away may fulfill statistical requirements, but it fails to restore the ecological benefits to the affected area," the Bench said.
As part of the approved mitigation plan:
The Bombay Environmental Action Group (BEAG) opposed the proposal, arguing that compensatory plantations located nearly 500 kilometres away in Solapur could not adequately offset the environmental damage caused in Dahanu, where the trees would be felled.
The High Court acknowledged the concern but allowed the proposal as a one-time exception, noting that all statutory approvals had been obtained and that the project served a significant national interest.
The Bench also expressed strong dissatisfaction with the Maharashtra government's failure to implement its earlier directions on compensatory afforestation.
The Court criticized the state for not creating land banks for afforestation, maintaining a public portal with plantation details, and establishing a transparent monitoring mechanism, describing the delay as "administrative apathy."
It directed the Chief Secretary and senior forest officials to ensure compliance with these directions within four weeks.
To ensure accountability, the High Court directed MSETCL and the Forest Department to submit status reports and audit reports every six months for the next 10 years. The Bench warned that any failure to comply with its directions could result in contempt proceedings.
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