July 6, 2022

Paying attention to Mumbai’s burgeoning electrical energy call for, the Bombay Prime Courtroom, previous this month, allowed Tata Energy to cut down mangroves between Kalwa and Salsette, in order that it might assemble its transmission line.

The court docket reasoned that the undertaking used to be in public hobby and thus allowed the corporate to smash 477 mangroves unfold over a 50-meter tract.

A bench of Justices Amjad Sayed and Abhay Ahuja used to be listening to the corporate’s petition in quest of a course to the government to permit it to put in force the 220 KV transmission line undertaking between Kalwa and Salsette, pursuant to the permissions granted to it beneath the provisions of the Surroundings (Coverage) Act, 1986 and Woodland (Conservation) Act, 1980.

In line with Tata Energy, the town’s present energy era is 1,877 MW while the facility call for is 3,800 MW. The distance of about 2,000 MW is bridged via purchasing energy from outdoor Mumbai thru transmission strains attached with the State grid.

“Because of the approaching infrastructure initiatives, the facility call for is anticipated to additional build up, which can result in scarcity. Lots of the producing vegetation situated in

Mumbai are greater than 25 years outdated and are growing older rapid. Subsequently, there may be pressing want in public hobby to enhance the prevailing 110 KW transmission line via connecting Kalwa to more than a few producing stations,” the corporate claimed.

It cited a judgment of the Prime Courtroom authored via Justice Abhay Oka (who’s now a pass judgement on within the apex court docket) at the factor of preservation of mangroves, during which it used to be held that for any building paintings if the mangroves are to be got rid of then particular permission must be taken from the HC, excluding different inexperienced clearances.

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Paying attention to the info of the case, the bench stated, “Each building and atmosphere should cross hand in hand; in different phrases, there must now not be building at the price of atmosphere and vice versa, however there must be building whilst taking due care of atmosphere.”

“Mangrove eco programs play an important position and if a citizen is to guide a significant existence, as pondered via Article 21 of the Charter of India,

they are going to should be safe. The destruction of mangroves and the failure of the State to take steps for his or her recovery will quantity to violation of the basic rights assured via Article 21 of the Charter,” the bench added.

The judges additional stated that electrical energy is an very important provider and a elementary pre-requisite for modern-day dwelling.

“Bearing in mind the economic enlargement and the want to supply livelihood to the rising inhabitants, a steadiness would should be struck between building and coverage and conservation of atmosphere,” the bench stated.

“Subsequently, the desire is for sustainable building, the place each the desires of building and financial system, at the one hand, and coverage and conservation of the Surroundings, at the different, are balanced,” the bench added.

The judges additional approved the endeavor that the corporate would plant 5,000 saplings in lieu of destruction of 477 mangroves.

“In our view, the transmission line between Kalwa and Salsette is a vital undertaking for public excellent and of bonafide public application,” the judges held.

They additional added, “We accordingly direct the government to allow the corporate to execute the proposed transmission line in mangrove space and its buffer zone.’’

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Printed on: Tuesday, March 15, 2022, 11:16 PM IST