'In Public Interest with Ecological Benefits’: Bombay HC Allows WR To Fell 2,612 Mangroves For Borivali-Virar Line, Orders Replanting

'In Public Interest with Ecological Benefits’: Bombay HC Allows WR To Fell 2,612 Mangroves For Borivali-Virar Line, Orders Replanting

Permits felling of 2,612 mangroves in Basai creek for fifth, sixth line between Borivali and Virar stations.

Urvi MahajaniUpdated: Friday, September 06, 2024, 05:47 PM IST
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Bombay HC | File

The Bombay High Court has permitted the Western Railways (WR) to fell 2,612 mangroves for the construction of fifth and sixth line between Borivali and Virar stations observing that it would alleviate traffic congestion, reduce emissions and conserve precious fuel. The court has, however, directed WR, to replant 7,823 mangroves as compensation. 

The HC was hearing a petition by WR seeking to fell mangroves which were in the path of the work on the Bridges  on Vasai creek. Seeking permission to fell the mangroves, WR contended that the construction of the additional railway lines between Borivali and Virar would meet the demand for additional services in this sector and also alleviate the commuting difficulties.

A bench of Chief Justice DK Upadhyaya and Justice Amit Borkar permitted felling of mangroves observing that the project was overwhelmingly in the public interest and has significant ecological benefits. The broader public interest and welfare, when weighed against the environmental consequences of cutting the mangroves, is balanced by the fact that the construction of the 5th and 6th lines between Borivali and Virar would alleviate congestion on the existing lines, the court added. 

“The railway system is an eco-friendly mode of mass transportation and one of the most efficient in the world. The construction of these lines would reduce emissions, alleviate traffic congestion, and conserve precious fuel,” the bench said on August 30. The detailed order was made available on Thursday. 

Further, the court said, the implementation of the project was absolutely necessary and also with no viable alternative as the proposed project was adjacent to the existing railway line. “Hence, this alignment has been determined to be the most suitable from technical, economic and functional perspectives,” the court underlined.

The court noted that the additional chief principal conservator of forests (Mangroves) has identified land for the plantation of 7,823 mangroves at Village Sandor, Taluka Vasai in Palghat district, for the purpose of mangrove afforestation. It quantified the cost of plantation and subsequent maintenance at rs15 lakh, which has been deposited by WR on January 29.

The fifth and sixth lines between Borivali and Virar are being constructed under Phase III-A of the Mumbai Urban Transport Project (MUTP) at a cost of Rs2,184 crore. The 26 km long, broad-gauge railway line is expected to help decongest trains, increase the frequency of trains beyond the western suburbs. The project is being executed by Mumbai Rail Vikas Corporation (MRVC).

At present, there are five lines between Mumbai Central and Borivali and the sixth line is under construction. Whereas, there are only four lines from Borivali to Virar.

The most critical aspect of completing the project is the construction of Bridge numbers 73 and 75 over the Vasai Creek, with lengths of 1,550 metres and 550 metres, respectively. As the same would pass through the mangroves, WR approached the HC seeking permission for its felling. 

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