The HC also held that for industrial growth and the need to provide livelihood, there needs to be a balance between developmental projects and conservation of environment (File) The Bombay High Court recently cleared the way for the 220 KV transmission line project between Kalwa (Thane) and Salsette, which is an upgradation of the old 110 KV transmission line in Mumbai passing through a mangrove and its buffer zone, in view of “public interest”.
The court also directed the authorities to permit the Tata Power Company Ltd, which supplies electricity to consumers in the island city, to execute the project as per permissions under the environmental laws.
However, the approval will be subject to the company complying with the conditions imposed in clearances or permissions granted by the authorities and giving an undertaking of compensatory plantation of about 5,000 mangrove saplings against the displacement of 477 mangrove trees due to the proposed project.
The court also held that for industrial growth and the need to provide livelihood, there needs to be a balance between developmental projects and conservation of environment.
A division bench of Justice A A Sayed and Justice Abhay Ahuja earlier this month had passed the judgment in a plea by Tata Power, seeking directions from the court to the Union and state Environment Ministries, Maharashtra Coastal Zone Management Authority (MCZMA) among others to implement the project based on permissions granted under the Environment (Protection) Act (EPA), Forest (Conservation) Act and the notifications issued under the provisions of EPA.
The proposed transmission line of about five kilometre from Kalwa to Salsette will be passing through an existing Right of Way (ROW) of 22 metre width over an area consisting of mangroves and also falling within a 50-metre mangrove buffer zone.
Senior Advocate Milind Sathe for the Tata Power submitted that the current power generation in Mumbai is 1,877 MW, whereas the power demand is 3,800 MW and the gap of 2,000 MW is bridged by procuring power from outside Mumbai through transmission lines connected with the state grid.
He also added that due to the upcoming infrastructure projects, the power demand in the city is expected to increase, which can lead to a shortage of power. “Many of the generating plants located in Mumbai are more than 25 years old and are aging fast. Therefore, the need to augment the existing 110 KV transmission line connecting Kalwa Receiving Station to various generating stations is a project in public interest,” Sathe submitted.
He also added that the company has obtained an Environmental Impact Assessment (EIA) report from the Bombay Natural History Society (BNHS) regarding the possible impact of the project on the mangroves.
After perusing submissions and material on record, the bench observed, “It is not in dispute that electricity supply is an essential service under the Essential Services Maintenance Act and has become a basic necessity in modern day living and working. Considering the industrial growth and the need to provide livelihood to the growing population of the nation, a balance would need to be struck between development and protection and conservation of environment. Therefore, the need for sustainable development where both the needs of development and economy on the one hand and protection and conservation of the environment on the other are balanced.”
Directing the authorities to permit Tata Power to execute its project provided it strictly complies with the conditions, the High Court held that that same is “necessary for the public good and in public interest” and it is a project of bonafide public utility.
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