The Bombay High Court bench of Chief Justice Alok Aradhe and Justice Bharati Dangre have paved the way for Adani Electricity (Petitioner) to cut 209 mangroves to install a High Voltage Direct Current (HVDC) transmission project, which involved laying underground cables through ecologically sensitive areas, including mangroves and Coastal Regulation Zones (CRZ).

The Petitioner sought permission to execute an HVDC transmission project spanning 80 kilometers, with a significant portion passing through ecologically sensitive areas, including mangroves and CRZ zones. The project aimed to address Mumbai’s growing electricity demands by enabling the injection of 1000 MW of power into the city. It was submitted on behalf of the Petitioner that the project is necessary to be sanctioned in public interest, as the same is critical for the city of Mumbai and its suburbs as the existing capacity of the transmission corridor is not sufficient to carry further power into the city.

Additionally, the Petitioner acknowledged that the project would require the cutting of 209 mangroves, with 144 located in the Mumbai Mangroves Conservation Unit (MMCU) and 65 in the Sanjay Gandhi National Park (SGNP) forest division. To mitigate these impacts, the petitioner undertakes to carry out compensatory afforestation at a ratio of 1:5—meaning five mangroves would be planted for every one cut.

The key objection was raised by Bombay Environmental Action Group (Respondent No.8) where the discrepancy in the number of mangroves proposed to be cut was highlighted. While the petitioner claimed that 209 mangroves would be affected, the Respondent argued that only 79 mangroves were identified for felling in the Maharashtra Coastal Zone Management Authority (MCZMA) minutes of the meeting.

After hearing the submissions from both ends, the bench observed that the project of construction of electricity transmission line is critical for the city of Mumbai as the existing capacity of transmission corridor is not sufficient to carry further power into the city.

Further, it also noted, "The petitioner has received all the necessary statutory permissions required in relation to the cutting of mangroves and carrying out the work in CRZ area for HVDC Project."

Based on the observations, the bench ultimately held that, “Considering the public importance of the proposed project, which shall benefit the electricity consumers in the city of Mumbai/suburbs and which will lead to a potential growth, in the wake of the requisite permissions being secured by the project proponent, and on testing the necessity of the proposed project and by ensuring that the necessary statutory compliance are ensured, in light of the directions contained in paragraph 83(viii) of the judgment and order dated 17th September 2018 in PIL No.87 of 2006, we deem it appropriate to confer the desired permission by taking into consideration the importance of the project to the public at large. Considering that the similar permissions being previously granted by this Court in favour of the project proponents who had sought to execute projects of bona fide public utility, we are convinced to grant the relief in favour of the petitioner.”

Accordingly, the Court granted Adani Electricity the necessary permission to fell mangroves for the implementation of the electricity transmission line, subject to the condition that the responsible officer of the Petitioner shall file an undertaking before the Court within a period of two weeks stating that the Petitioner shall strictly ensure compliance of the conditions which are imposed in the permissions secured by it from various authorities.

Case Title: Adani Electricity Mumbai Infra Ltd vs, Union Of India & Ors (WP/12431/2024)