HC allows BMC to construct road in Malad West through mangroves
MUMBAI, May 8 -- The Bombay high court on Tuesday granted the Brihanmumbai Municipal Corporation (BMC) permission to proceed with a road construction project in Malad West through an ecologically sensitive mangroves buffer zone. Noting that the BMC has taken up compensatory afforestation, the court ruled that the project should be allowed as it is of "public interest".
The court, in September 2018, had passed an order, directed the state to preserve and protect the mangroves and mandated obtaining permission from the high court for construction in mangroves areas or buffer zones of 50 metres. The proposed project by the BMC, was reported to be falling partly in Coastal Regulation Zone-IA (mangroves and buffer zone). Subsequently, BMC filed a petition, seeking the court's permission to execute the project for road construction connecting the lagoon road (Malwani) to Infiniti mall, Malad.
In April 2024, BMC submitted an application to the Ministry of Environment, Forest and Climate Change, for diversion of 0.8 hectares of forest for the project. The BMC submitted an application to Maharashtra Coastal Zone Management Authority (MCZMA) for clearance of the project. The Ministry of Environment, Forest and Climate Change granted clearance in October 2024. Counsel for BMC submitted that 37 mangroves are being cut, whereas the BMC shall plant and maintain 370 mangroves. He informed the court that Mangrove cell has granted permission for the project in September 2024.
The division bench of chief justice Alok Aradhe and justice MS Karnik granted permission to execute the project, taking into account, recommendations made by MCZMA and the clearance from the Ministry of Environment and Forest in view of public importance of the project....
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