Partly allowed

Union of India through General Manager Western Railway v. Deputy Director General of Forest C Ministry of Environment Forest And Climate Change Regional Offi

Bombay HC18 Dec 2024IA/3614/2024

Case brief

AI extract

What is this about?

Court modified an earlier order regarding compensatory plantation of mangroves, permitting the respondents to plant at a different site and allowing another agency to undertake the plantation, subject to an undertaking.

What did the court decide?

Modification of order dated 30.08.2024 to allow plantation at Survey No. 219 P, Mouze Rajodi by another agency.

Union of India through General Manager Western… — Environment and Pollution | Bombay HC (2024)

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408-IA-3614-2024

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Pdp

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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INTERIM APPLICATION NO. 3614 OF 2024 IN

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WRIT PETITION NO. 4260 OF 2024

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Digitally signed byPRAVIN PRAVIN DASHARATH DASHARATH PANDIT PANDIT Date: 2024.12.18 17:43:58 +0530

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Union of India & Anr. .. Applicants In the matter between: The Union of India & Anr. .. Petitioners. Versus Deputy Director General Of Forests (C) & Ors. .. Respondents

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Mr. Atharva A. Dandekar for applicants/petitioners. Mr. Abhal L. Patki, Addl. Govt. Pleader with Smt. Nazia Sheikh, AGP for respondent nos.1,2,3 and 5. Ms. Sheetal Shah i/by Mehta & Girdharlal for respondent no.4.

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CORAM: DEVENDRA KUMAR UPADHYAYA, CJ. & AMIT BORKAR, J.

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DATE: 18^th DECEMBER, 2024

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P.C.:

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1. Heard learned counsel for the applicants-original petitioners, learned Addl. Government Pleader representing the State-respondents and Ms. Sheetal Shah, learned counsel representing the respondent no.4.

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2. This Interim Application has been moved seeking certain modification in the final order passed by this Court on 30^th August, 2024 in Writ Petition (L) No. 35560 of 2023.

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3. The Writ Petition was finally disposed of with certain directions. Permission was also granted to the petitioners to

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408-IA-3614-2024

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remove 2612 mangroves from the land impacted by the construction of the 5^th and 6^th railway lines between Borivali and Virar railway stations as part of the Mumbai Urban Transport Project III-A and to carry out necessary work in connection therewith.

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4. By the said order, it was also directed that a responsible officer on behalf of the petitioner No.1 shall file an undertaking before this Court within four weeks stating therein that the petitioners shall complete the plantation and maintenance of 7823 mangroves at Survey No.70, Village Sandos, Taluka Vasai, District Palghar before the removal of the existing 2612 mangroves at project site. It is this direction in respect of which modification by moving the instant Interim Application has been sought.

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5. Learned counsel for the applicants stated that compensatory plantation of mangroves is being undertaken by the Additional Principal Chief Conservation of Forests, Mangrove Cell, Mumbai, who vide his letter dated 9^th December, 2024 has informed the Mumbai Railway Vikas Corporation Ltd. that though initially compensatory mangrove plantation was proposed on Survey No.70, Mouze Sandor, however, after site survey by the experts, it was found that the said site was not optimal site for mangrove plantation and a better site suited for plantation had been identified at Survey No. 219 P at Mouze Rajodi. The said letter dated 9^th December, 2024 is taken on record. In the said letter, it has also been mentioned that the plantation of 7860 mangroves will commence in the month of December, 2024 and will be completed by the end of January, 2025. Learned counsel for

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408-IA-3614-2024

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the applicants seeks a modification to the extent that it may not be the petitioners themselves who may plant the compensatory mangroves, rather it may be kept open that said plantation may be done by any other agency.

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6. We do not see any impediment in modifying the order to the extent that a responsible officer on behalf of petitioner no.2 shall file an undertaking before this Court stating that plantation of 7823 mangroves shall be done before removal of existing 2612 mangroves at the project site. We also modify the said direction permitting that compensatory plantation may be done at Survey No.219 P at Mouze Rajodi. Accordingly, paragraph 19(b) of the order dated 30^th August, 2024 shall be read as under: -

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“ A responsible officer on behalf of petitioner no.2 shall file an undertaking before this Court within four weeks from the date of uploading of this order stating that before removal of existing 2612 mangroves at the project site, plantation of 7823 mangroves at Survey No. 219 P, Mouze Rajodi shall be completed and such compensatory mangroves to be planted shall be maintained properly. The undertaking shall also state that necessary expenditure for compensatory mangroves and its maintenance, at least for a period of ten (10) years shall be borne by the petitioner no.2.”

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7. We further provide that the undertaking in terms of the modified order shall be tendered to the Court within two weeks from today.

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408-IA-3614-2024

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8. The order dated 30^th August, 2024 stands modified to the afore said extent.

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9. Interim Application stands disposed of accordingly.

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(AMIT BORKAR, J.) (CHIEF JUSTICE)

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Union of India through General Manager Western Railway v. Deputy Director General of Forest C Ministry of Environment Forest And Climate Change Regional Offi

Case brief

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Union of India through General Manager Western Railway v. Deputy Director General of Forest C Ministry of Environment Forest And Climate Change Regional Offi

Case brief

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What did the court decide?

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