Bombay High Court Bullet Train Afforestation Mumbai Oxygen Cylinders

“A day will not be far when Mumbaikars will have to carry oxygen cylinders on their backs to take intermittent shots of oxygen,” the Bombay High Court remarked on Tuesday as it questioned the practice of compensatory afforestation taking place far away from areas where mangroves are felled for development projects.

The observation came while the court was hearing a plea by the Maharashtra State Electricity Transmission Company Ltd (MahaTransco), which has sought permission to divert 3.35 hectares of forest land, including 1.96 hectares of mangrove forest, and cut 847 mangrove trees for a 132 KV transmission line linked to the Mumbai-Ahmedabad bullet train project in Palghar district.

A bench of Acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad asked the authorities to consider carrying out compensatory afforestation near the affected areas instead of in far-flung districts. The judges also suggested beginning afforestation before felling trees to avoid complaints of “empty assurances” later.

Terming the loss of mangroves a setback for Mumbai and surrounding areas, Acting Chief Justice Ghuge said, “As it is, Mumbai has so much oxygen that a day will not be far when people will carry oxygen cylinders on their backs to take intermittent shots of oxygen, one shot after every three hours.”

The court clarified that it was not inclined to stall the bullet train project but wanted to examine whether afforestation could be undertaken closer to the project site.

Advocate General Milind Sathe, appearing for the state, informed the court that MahaTransco had already deposited the required compensatory amount and that afforestation in lieu of the mangrove loss was being carried out in Solapur district.

“Ideally, you should start the afforestation and then think of chopping down the trees. What happens is, you first chop down, then you identify a land parcel,” the judges observed, referring to complaints in an earlier case that promised afforestation had remained only on paper.

Sathe told the court that while shifting compensatory afforestation closer to project sites would be difficult in projects that had already progressed, such a condition could be considered for future projects. He also informed the bench that the Mangrove Cell has created a portal to monitor plantations and their growth.

“The forest department is also under a lot of pressure… Their analysis cannot be the gospel truth to state that the only good patch is 500 kilometres away from here,” the Acting Chief Justice remarked.

Recording the government’s assurance that it would consider the suggestion in future projects, the court said it would not stop the bullet train project but would examine whether a better model for compensatory afforestation could be evolved.

The matter will next be heard on July 20.