The Bombay High Court on Wednesday granted Adani Cementation Limited permission to cut 158 mangrove trees for its jetty project along the Amba River in Raigad district [Adani Cementation v. Union of India]..A bench of Chief Justice Alok Aradhe and Justice Bharati Dangre added that while the project serves the company’s commercial interests, it must not result in significant depletion of natural resources. The Court further stressed the need for compensatory measures to address the environmental consequences of the project.“By ensuring that any activity though aimed as a commercial activity do not deplete the available natural resources and even if it does so, in any minimised way, by ensuring that its loss is compensated, by considering that all the statutory permissions have been secured by the Petitioner and with the requisite compliances to be ensured at every level, when the necessary permissions were granted, we are convinced that the Project propounded by the Petitioner deserve our approval, but it shall be subject to the condition that the Petitioner shall ensure compliance of the conditions imposed upon it by various statutory authorities," the Court said..Adani Cementation Limited, part of the Adani Group, filed the petition seeking directions to the concerned authorities to approve its construction of a captive berthing jetty, a conveyor corridor and an approach road along the Amba River in Raigad. The execution of the ₹172 crore project would affect 158 mangrove trees and shrubs, the Court was told. The project aims to address the growing demand for cement in the Mumbai Metropolitan Region, with the jetty facilitating the transportation of cement, clinker and other raw materials through waterways. The company had already obtained several clearances for the project, including a Letter of Intent from the Maharashtra Maritime Board, CRZ clearance from the Maharashtra Coastal Zone Management Authority (MCZMA) and environmental and forest clearances from the Ministry of Environment, Forest and Climate Change (MOEFCC). The Court noted that the company had adhered to the conditions imposed by these authorities, including a commitment to minimising mangrove cutting, using enclosed belt conveyors to prevent spillage and ensuring sustainable development..However, the Bombay Environmental Action Group (BEAG) opposed the project. They argued that the proposed jetty was primarily for industrial use, with public benefits being secondary.BEAG contended that the project would cause significant harm to the CRZ-IA areas (ecologically sensitive coastal zones), especially given the mangrove habitats at the site. The Group further argued that the project was a private, profit-driven venture which should not proceed at the expense of the environment, particularly the destruction of mangroves..The Court found that although the project was primarily aimed at industrial use, it could benefit the public by reducing road traffic congestion and lowering carbon emissions. It acknowledged that the company had committed to compensatory afforestation, including the replanting of mangroves at a higher ratio than the number destroyed, and had received in-principle approval for the diversion of forest land.It also highlighted the detailed environmental studies submitted by Adani, including an assessment of the hydrological conditions in the area and their impact on mangrove growth.“In light of the aforesaid, by keeping in mind the goal of sustainable development of striking a balance between the necessity of the Project, which aims at meeting the every increasing need of cement, but at the same time, by not compromising the ability of future generations to meet their own needs, it is necessary to ensure that the Project results into minimum damage to the environment/ecology, and, the natural resources, particularly when the entire planet is coping up with the crisis of climate change, bio-diversity and pollution.".The Court concluded that the environmental and regulatory clearances obtained by Adani Cementation were comprehensive and included provisions to minimise harm to the mangrove ecosystems and other environmental resources. It, therefore, allowed the company's plea, provided its representative files an affidavit within two weeks undertaking to comply with all conditions set by various regulatory authorities..Senior Advocate Vikram Nankani along with advocates Pranav Narsaria, Rohan Dakshini, Shweta Jaydev and Feroza Bharucha instructed by Rashmikant & Partners, appeared for Adani Cementation.Advocates YR Mishra and Shailendra Mishra appeared for the Union of India.Advocate Jaya Bagwe represented the Maharashtra Coastal Zone Management Authority.Government Pleader Neha Bhide along with Additional Government Pleader OA Chandurkar and Additional Government Pleader GR Raghuwanshi appeared for the State.Advocate Rakesh L Singh instructed by MV Kini & Co represented the Maharashtra Maritime Board.Advocate Aditya Mehta along with advocates Viloma Shah, Deepali Bagla and Ativ Patel instructed by AVP Partners represented BEAG..[Read Judgment]
The Bombay High Court on Wednesday granted Adani Cementation Limited permission to cut 158 mangrove trees for its jetty project along the Amba River in Raigad district [Adani Cementation v. Union of India]..A bench of Chief Justice Alok Aradhe and Justice Bharati Dangre added that while the project serves the company’s commercial interests, it must not result in significant depletion of natural resources. The Court further stressed the need for compensatory measures to address the environmental consequences of the project.“By ensuring that any activity though aimed as a commercial activity do not deplete the available natural resources and even if it does so, in any minimised way, by ensuring that its loss is compensated, by considering that all the statutory permissions have been secured by the Petitioner and with the requisite compliances to be ensured at every level, when the necessary permissions were granted, we are convinced that the Project propounded by the Petitioner deserve our approval, but it shall be subject to the condition that the Petitioner shall ensure compliance of the conditions imposed upon it by various statutory authorities," the Court said..Adani Cementation Limited, part of the Adani Group, filed the petition seeking directions to the concerned authorities to approve its construction of a captive berthing jetty, a conveyor corridor and an approach road along the Amba River in Raigad. The execution of the ₹172 crore project would affect 158 mangrove trees and shrubs, the Court was told. The project aims to address the growing demand for cement in the Mumbai Metropolitan Region, with the jetty facilitating the transportation of cement, clinker and other raw materials through waterways. The company had already obtained several clearances for the project, including a Letter of Intent from the Maharashtra Maritime Board, CRZ clearance from the Maharashtra Coastal Zone Management Authority (MCZMA) and environmental and forest clearances from the Ministry of Environment, Forest and Climate Change (MOEFCC). The Court noted that the company had adhered to the conditions imposed by these authorities, including a commitment to minimising mangrove cutting, using enclosed belt conveyors to prevent spillage and ensuring sustainable development..However, the Bombay Environmental Action Group (BEAG) opposed the project. They argued that the proposed jetty was primarily for industrial use, with public benefits being secondary.BEAG contended that the project would cause significant harm to the CRZ-IA areas (ecologically sensitive coastal zones), especially given the mangrove habitats at the site. The Group further argued that the project was a private, profit-driven venture which should not proceed at the expense of the environment, particularly the destruction of mangroves..The Court found that although the project was primarily aimed at industrial use, it could benefit the public by reducing road traffic congestion and lowering carbon emissions. It acknowledged that the company had committed to compensatory afforestation, including the replanting of mangroves at a higher ratio than the number destroyed, and had received in-principle approval for the diversion of forest land.It also highlighted the detailed environmental studies submitted by Adani, including an assessment of the hydrological conditions in the area and their impact on mangrove growth.“In light of the aforesaid, by keeping in mind the goal of sustainable development of striking a balance between the necessity of the Project, which aims at meeting the every increasing need of cement, but at the same time, by not compromising the ability of future generations to meet their own needs, it is necessary to ensure that the Project results into minimum damage to the environment/ecology, and, the natural resources, particularly when the entire planet is coping up with the crisis of climate change, bio-diversity and pollution.".The Court concluded that the environmental and regulatory clearances obtained by Adani Cementation were comprehensive and included provisions to minimise harm to the mangrove ecosystems and other environmental resources. It, therefore, allowed the company's plea, provided its representative files an affidavit within two weeks undertaking to comply with all conditions set by various regulatory authorities..Senior Advocate Vikram Nankani along with advocates Pranav Narsaria, Rohan Dakshini, Shweta Jaydev and Feroza Bharucha instructed by Rashmikant & Partners, appeared for Adani Cementation.Advocates YR Mishra and Shailendra Mishra appeared for the Union of India.Advocate Jaya Bagwe represented the Maharashtra Coastal Zone Management Authority.Government Pleader Neha Bhide along with Additional Government Pleader OA Chandurkar and Additional Government Pleader GR Raghuwanshi appeared for the State.Advocate Rakesh L Singh instructed by MV Kini & Co represented the Maharashtra Maritime Board.Advocate Aditya Mehta along with advocates Viloma Shah, Deepali Bagla and Ativ Patel instructed by AVP Partners represented BEAG..[Read Judgment]
