Bombay High Court approves Adani Electricity's plan to cut mangroves for power line

The Bombay High Court recently granted Adani Electricity permission to cut 209 mangroves to install a High Voltage Direct Current (HVDC) transmission line across key areas of Mumbai and its suburbs [Adani Electricity v Union Of India]..The Bench, comprising Chief Justice Alok Aradhe and Justice Bharati Dangre, while allowing the proposal, underscored the importance of the project. “Considering the public importance of the proposed project, which shall benefit the electricity consumers in the city of Mumbai/suburbs and which will lead to a potential growth, in the wake of the requisite permissions being secured by the project proponent, and on testing the necessity of the proposed project...We deem it appropriate to confer the desired permission by taking into consideration the importance of the project to the public at large,” the Court said..The HVDC project involves laying a 320kV, 1000 MW capacity transmission line, running through several key areas of Mumbai and its surroundings. The line will pass through critical zones including mangrove areas at Vasai Creek and Kaman Creek, and portions of the Sanjay Gandhi National Park (SGNP) and territorial forests in Dahanu. The project, aimed at boosting Mumbai's power supply, secured various approvals starting in March 2021, including from the Maharashtra government, MCZMA and the National Board for Wildlife. In April 2024, it received Coastal Regulation Zone clearance, followed by Stage-I approval in August. However, the Bombay Environmental Action Group raised concerns about discrepancies in the number of mangroves to be felled—79 according to MCZMA and 209 according to the petitioner—prompting the need for Bombay High Court approval due to a 2018 order banning mangrove destruction without the Court's sanction.The petitioner also questioned the sufficiency of the Environmental Impact Assessment (EIA) report, alleging that it failed to account for the potential impact of the transmission line on vulnerable species and national parks..In response, Adani Electricity presented the necessary documents, including clearances from the relevant authorities and a detailed compensatory afforestation plan to mitigate environmental damage. The EIA report for the HVDC project analyzed potential impact on wildlife and ecosystems, including species in the affected areas like the SGNP and Kaman Creek. The report found that while the construction phase would result in the cutting of mangroves and trees, the project's operation phase was unlikely to harm the environment. The report also outlined measures for compensatory mangrove plantation.After considering arguments from both sides, the Court noted that the project was of significant public importance and that the necessary statutory permissions have been obtained. The Court also took into account the expert committee recommendations and the EIA’s comprehensive environmental assessment, which included provisions to minimize damage to the affected ecosystems. The Bench ultimately decided to grant approval citing the need for sustainable development balanced with public utility.The Court ordered Adani to submit an undertaking within two weeks, ensuring compliance with all conditions outlined in the permissions and clearances granted by the various authorities. .Senior Advocate Vikram Nankani along with advocates Aditya Mehta, Shrey Fatterpekar, Shweta Jaydev, Pooja Vasandani, Feroza Bharucha and Nishi Doshi instructed by Rashmikant and Partners appeared for Adani Electricty Mumbai Infra Ltd.Advocate D P Singh appeared for Union of India Advocate Jaya Bagwe represented Maharashtra Coastal Zone Management Authority.Government Pleader Neha Bhide along with Additional Government Pleader O A Chandurkar and Additional Government Pleader GR Rahuwanshi appeared for Conservator of Forests.Advocate Rakesh L Singh instructed by M V Kini and Co. appeared for MSEDCLAdvocate Nirman Sharma along with advocate Ansh Karnawat with advocate Viloma Shah instructed by AGP Partners represented the Bombay Environmental Action Group..[Read order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.