Plant compensatory trees/mangroves before cutting them infra projects: HC

The case pertained to MMRDA’s Metro Line 5. On Tuesday, the planning authority told the court that it planned to cut 26 mangroves for the Kasheli depot of Metro Line-5 (Thane-Bhiwandi-Kalyan) even though it had been given permission for 70 from the relevant authorities

MUMBAI: In a significant judgment, the Bombay high court on Tuesday ordered compensatory afforestation to be done before mangroves or trees were cut for infra projects. It also ordered transparency in the process, directing all the details of the cutting and replacing to be put up on a website that was accessible to the public.

In respect of the 70 mangroves to be cut, the respondents were obligated to plant 370 mangrove saplings. (HT Photo)

The case pertained to MMRDA’s Metro Line 5. On Tuesday, the planning authority told the court that it planned to cut 26 mangroves for the Kasheli depot of Metro Line-5 (Thane-Bhiwandi-Kalyan) even though it had been given permission for 70 from the relevant authorities. It submitted that the implementation of the 24.90-km Metro corridor was vital for the growing transportation needs of Mumbai. Since the project is one of significant public utility, the court on July 22, 2025, had granted MMRDA permission to commence the project.

In respect of the 70 mangroves to be cut, the respondents were obligated to plant 370 mangrove saplings (5.29 times the number). Irked by the inordinate delay in this, the court noted that no parallel steps had been taken to implement the compensatory afforestation. After additional government pleader O A Chandurkar submitted that the plantation of 370 to 400 mangrove saplings was expected to be completed by the end of September, the court directed MMRDA to create a dedicated website, accessible to everyone, containing all details such as amounts deposited, mangroves/trees affected, species of trees to be felled and where and how the compensatory afforestation efforts were being undertaken.

“We have observed a glaring lack of coordination between the grant of permission and the actual execution of afforestation activities and also gross delay in plantations,” the court said. “…No serious efforts were undertaken to carry out afforestation… We further found that the monies deposited for afforestation were not being utilised for the intended purpose, and that several other significant lacunae existed in the process.”

Terming mangroves “climate heroes” and emphasising that development and environment must go hand in hand, Justices Revati Mohite Dere and Dr Neela Gokhale stated that destruction of mangroves violated the fundamental rights of citizens. “Where any development project involves the felling of mangroves or diversion of ecologically sensitive land, compensatory afforestation must not remain a formality or a mere post-facto measure. Instead, it must be enforced in a transparent manner, with a parallel condition for project execution,” they ruled. “Therefore, project-related information must be publicly accessible, including permissions, conditions, maps, afforestation status and monitoring mechanisms.”

The bench also observed that the development/planning authorities would approach the court at the eleventh hour, seeking urgent permission for cutting trees and mangroves, saying that any delay would escalate project costs. “This practice needs to be condemned,” the court said, adding that the route and design of a project were known to the authorities well in advance, and therefore, such permissions needed to be sought sufficiently in advance.