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Bombay High Court grants CIDCO permission to clear mangroves for Ulwe Coastal Road

Synopsis

The Bombay High Court has granted permission for the City and Industrial Development Corporation (CIDCO) to clear 3,728 mangroves, enabling the construction of the 5.8 km Ulwe Coastal Road connecting the Mumbai Trans Harbour Link (MTHL) to Navi Mumbai and the upcoming Navi Mumbai International Airport. The decision followed CIDCO's adherence to environmental clearances, including compensatory plantations. While acknowledging the importance of the project, the court urged expeditious compensation processes for affected parties under the 2013 Act.

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The Bombay High Court has granted permission to the City and Industrial Development Corporation (CIDCO) to cut down 3,728 mangroves for the construction of a crucial 5.8 km Ulwe Coastal Road. This road is set to connect the Mumbai Trans Harbour Link (MTHL) to Navi Mumbai and the upcoming Navi Mumbai International Airport.



The permission was granted by Justices A S Chandurkar and Jitendra Jain, allowing CIDCO to proceed with its plan to build the coastal road from Amra Marg in Navi Mumbai to the MTHL junction, including the airport link road at Navi Mumbai.



CIDCO emphasised the significance of the Ulwe coastal road, stating that it plays a vital role in providing essential connectivity and accessibility from Mumbai to various locations in Navi Mumbai, including the Navi Mumbai International Airport.



The court's decision came after CIDCO sought permission, as mandated by a September 2018 order, to obtain court approval for projects within a 50-meter buffer zone around mangroves. The state environment impact assessment authority granted Coastal Regulation Zone (CRZ) clearance on March 2, 2019, with a condition to secure necessary forest clearance for diverting over 32 hectares of forest land. The Ministry of Environment and Forests gave its in-principle approval on October 19, 2022.



To address environmental concerns, the deputy conservator of forests, Alibaug, Raigad, directed compensatory plantation three times in lieu of granting permission. CIDCO's legal representatives, Senior Advocate G S Hegde and Advocate Pinky Bhansali, argued that the coastal road would alleviate traffic on the Mumbai-Panvel road, reducing travel time for commuters.



The judges emphasised that the conditions imposed by the Ministry of Environment must be strictly adhered to, placing the responsibility on the deputy conservator of forests, Alibaug.



Regarding another aspect of the case, petitioners sought the quashing of the acquisition award from April 22, 2015, stating that they are looking for fair compensation under the 2013 Act, rather than the older Land Acquisition Act of 1894, which provides significantly lower compensation. The bench urged the state to expedite the compensation process for the petitioners who have faced delays.



Akshay Shinde, counsel for the Mumbai Metropolitan Region Development Authority (MMRDA), highlighted the importance of the MTHL, inaugurated by Prime Minister Modi, emphasising its role in de-congesting the island city.



This decision marks a significant step forward in the development of crucial infrastructure, balancing the need for progress with environmental considerations and fair compensation for affected parties.

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