HC permits additional construction near lone mangrove tree

The Bombay High Court has allowed two housing societies in Navi Mumbai to add extra floors to their buildings despite objections related to a lone mangrove tree. The court ruled that a single tree does not require a 50-meter buffer zone around it. The housing societies had sought permission to construct additional floors, but the Navi Mumbai Municipal Corporation insisted on obtaining a No Objection Certificate from the Maharashtra Coastal Zone Management Authority due to the tree's proximity to the site. The court deemed this requirement unnecessary and directed the corporation to grant development permission.

MUMBAI: The Bombay High Court on Thursday granted permission to two cooperative housing societies in Navi Mumbai to add extra floors to their buildings, overcoming obstacles caused by a lone mangrove tree. The court emphasised that a single mangrove tree does not necessitate a 50-meter buffer zone around it.

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The division bench of justice Gautam Patel and justice Kamal Khata questioned the perceived threat posed by constructing additional floors near a solitary mangrove tree and allowed the plea filed by Sangharsh Cooperative Housing Society and Nilkamal CHS against the Navi Mumbai Municipal Corporation (NMMC).

The housing societies sought permission from NMMC to construct additional floors, but the corporation insisted on obtaining a No Objection Certificate from the Maharashtra Coastal Zone Management Authority (MCZMA) due to the location of one plot within a 50-meter buffer zone around the mangrove site.

Arguing against this requirement, the societies highlighted the presence of only one tree at a distance of around 48.2 meter from one of the plots. They contended that maintaining a 50-meter buffer zone, while not intending to remove the tree, was illogical and against common sense.

The court directed the municipal corporation to grant the petitioners development permission for additional construction.