The Bombay High Court has allowed diversion of 94.68 hectares of forest and felling of 21,022 trees for the construction of 132 kV DC transmission lines from Dahanu substation to Suryanagar, Kavdas and Jawhar in Palghar, Maharashtra, citing the importance of infrastructure and compensatory afforestation safeguards.
“We are satisfied that the project serves a public purpose and is an infrastructure project,” a bench of Acting Chief Justice Ravindra Gogi and Justice Gautam Angkhad said on Tuesday.
The Maharashtra State Electricity Transmission Corporation Limited (MSETCL) had approached the court with an order issued in September 2018 prohibiting non-forest activities in and around mangrove areas without prior permission of the court. The company told the court that the proposed transmission lines are 80 km long and certain parts of them pass through reserve forests and mangrove forests in Dahnu and Johar.
MSETCL said maps showed that 8.21 hectares of mangrove forest would be affected. She cited a site survey that showed there were no mangroves in the area and it was barren land. But the Deputy Conservator of Forests (Dahanu) ordered MSETCL to seek court permission before starting work on the project in view of the land being classified as mangrove forest.
Solicitor General Milind Sathe, who appeared for MSETCL, told the court that all required legal permissions had been obtained for the work. He added $Rs 30.80 crore has been deposited with the forest department for compensatory afforestation, upkeep and maintenance for 10 years.
Compensatory afforestation other than mangroves of 21,022 trees to be felled will be done in 191 hectares of degraded forest areas in Solapur district, Sathi said. This will be implemented for 8.21 hectares of mangroves on 25 hectares of degraded forest in North Konkan, he added.
The court considered Satti’s assurance that the concerns she had expressed earlier regarding the apathy and unsatisfactory state of mangrove replanting and compensatory afforestation would be addressed and the commitments would be translated into actual implementation. “We are inclined to grant the relief sought only because of categorical assurances… that mangrove plantation and compensatory afforestation will be carried out in accordance with law, and that the plantations will thereafter be suitably protected, maintained and monitored… to ensure their survival,” the bench said.
The court ordered the company to submit a status and audit report by January 12 of every year for 10 years regarding the implementation of the afforestation and mangrove planting programme, to ensure continued compliance with the conditions.
