Navi Mumbai Corporation Obtains Permission for Service Road Project Near Mangroves.


17 April 2025 Environment Related Compliances >> COMPLIANCES  

The Navi Mumbai Municipal Corporation (NMMC) sought permission from the Bombay High Court to execute a project involving the construction of a service road, drains, and a footpath from T.S. Chanakya Signal to Plot No.7, Sector 58, Nerul. The land for this project falls within CRZ-II and is located within 50 meters of a mangrove buffer zone.

The NMMC had already secured recommendations from the Maharashtra Coastal Zone Management Authority (MCZMA) and CRZ clearance from the State Environment Impact Assessment Authority (SEIAA), both subject to certain conditions. These conditions primarily focused on ensuring no harm to mangroves, proper disposal of construction debris, and obtaining all other necessary statutory permissions.

The NMMC argued that the project is of public importance, connecting existing service roads, and would not involve cutting any mangrove trees or utilizing mangrove forest area, a fact supported by a report from the Range Forest Officer. While the Bombay Environment Action Group opposed the petition, citing concerns about construction in CRZ-I and potential tree cutting without proper permission, the court noted that road construction is a permissible activity under the CRZ Notification, 2011.

 

 

The court also considered a previous order in a similar case (Writ Petition No. 8857 of 2021) where it permitted the construction of a cycle track along Palm Beach Road, deeming it a project of public utility. In the present case, the court observed that statutory bodies with expertise had recommended and approved the project. The Range Forest Officer's report indicated that the project site was not within a notified reserved forest or eco-sensitive zone and did not have mangrove cover in 2005, although it was within 25 meters of a mangrove area.

Ultimately, the Bombay High Court allowed the NMMC's petition, subject to the condition that all necessary permissions, including from the Tree Authority for any tree felling, are obtained and that the construction adheres to the conditions stipulated by the approving authorities. The court concluded that the project was in the larger public interest and relied on the recommendations and approvals granted by the expert statutory bodies.