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Bombay HC allows BMC to build road through Malad mangrove buffer zone

#Law & Policy#India#Maharashtra#Mumbai City#Malad (West)
Last Updated : 13th May, 2025
Synopsis

The Bombay High Court has permitted the BMC to construct a 50-metre-wide road through mangrove buffer zones in Malad West, citing compliance with environmental regulations and public necessity. The project, affecting 3.5 hectares and 37 mangrove trees, had received clearances from both the MCZMA and the Ministry of Environment. The court referred to a 2018 Supreme Court ruling that allowed such projects if proposed before the order and with due approvals. With legal and environmental approvals in place, the BMC is now set to proceed with the long-pending infrastructure work aimed at improving connectivity while implementing mitigation measures to limit ecological damage.

The Bombay High Court has granted permission to the Brihanmumbai Municipal Corporation (BMC) to construct a road through mangrove buffer zones in Malad West. The approval allows BMC to execute a long-pending infrastructure project while adhering to environmental regulations.


The court noted that the BMC had taken all proper measures and had sought required environmental clearances. It also referred to a 2018 Supreme Court judgement that allowed construction in mangrove buffer areas only if proposals predated the order and followed due procedures.

The road in question is 50 metres wide and lies within a blue zone-designated for special environmental scrutiny spanning parts of Malvani and the Malad link road. The court passed its decision after hearing BMC's justification for the project, recognising the need to improve public access and connectivity in the region.

To comply with environmental requirements, BMC had earlier submitted a formal application to the Ministry of Environment, Forest and Climate Change (MoEFCC) in April 2024. The proposal included details of the affected area, covering approximately 3.5 hectares of mangrove land, and was submitted through the Maharashtra Coastal Zone Management Authority (MCZMA).

The MCZMA had reviewed the proposal and sent its recommendation to the MoEFCC in October 2024, endorsing the project on the grounds of public necessity and appropriate mitigation measures. As part of the due process, BMC was also required to notify the Division Bench of Justice Alok Aradhe and Justice Jitendra Jain of the final clearance.

Counsel for BMC informed the court that 37 mangrove trees would be affected and that steps were being taken to ensure minimal ecological damage. The High Court accepted these arguments and allowed BMC to proceed with the road construction project.

With both MCZMA and MoEFCC approvals in place, BMC is now set to move ahead with constructing the road through mangrove buffer zones, a move expected to ease connectivity issues in the area. The case highlights the growing need to address urban mobility while safeguarding ecological interests.

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