The Bombay High Court on Thursday (September 17) permitted the Brihanmumbai Municipal Corporation (BMC) to cut down a total 1,237 mangroves for constructing the Versova-Madh Island 'connector' bridge, which would reduce the travel time from 22 km to 1.5 km for one to reach to Madh Island from western suburbs. 

A division bench of Chief Justice Mahesh Chandra Tripathi and Justice Advait Sethna noted that the proposed project is a 'genuine public cause' project and also took into account the fact that the BMC has undertaken to monitor for 10 years, the plantation of mangroves in situ and also in nearby places, for which the civic body has deposited over Rs 1.42 crores. 

"We are satisfied that the proposed project is in furtherance of a genuine public cause/purpose. In view thereof, this court's limited intervention qua the mangroves in the region coupled with all necessary safeguards and restoration measures as noted, would sub serve larger public interest. It is only on the basis of the express ecological commitments made and the categorical undertaking furnished by the Petitioner – Corporation as a public body, that in situ plantation of the mangroves would be carried out along with the periodic monitoring for 10 years, that we are inclined to entertain this Petition. Moreover, we clarify that the Petitioner will be liable not only qua civil but also criminal consequences in the event of any breach of such Undertaking," the judges said.

The bench was dealing with a plea filed by the BMC the project proponent, which after obtaining all the requisite and mandatory environmental clearance for constructing a connector bridge between Versova and Madh Island over the Malad creek, in western Mumbai, sought permission initially to cut down 560 mangroves. However, on a re-assessment, the numbers rose to 1,237 mangroves, which were to be affected for paving way for the project. 

The bench noted that the BMC has undertaken to plant 39,000 mangroves over 9 hectares of degraded mangrove forest land and majority of these to-be planted mangroves, would be planted in situ at the affect site. 

"The project is clearly not one undertaken for a private commercial purpose or for the benefit of a particular private entity. It is being undertaken as part of the development of public infrastructure and is intended to serve the public at large by improving connectivity between Madh Island and the western suburbs of Mumbai. The proposed bridge is aimed at providing some respite to the Mumbaikars from the menace of inordinate delays in travel due to traffic jams/congestion on such widely used roads of the city. The travel distance between Versova and Madh Island to connect which the proposed bridge is to be constructed, would be substantially reduced from the present 22km to 1.5km after completion of the project. This is an important factor to be considered in the given factual complexion," the bench noted. 

With these observations, the bench permitted the BMC to proceed with the construction of the bridge.

Appearance:

Senior Advocate Aspi Chinoy along with Advocates Joel Carlos and Oorja Dhond appeared for the BMC.

Advocates Manish Kelkar and Gauri Phadake represented the MCZMA.

Additional Government Pleader Jyoti Chavan with Assistant Government Pleader Nazia Sheikh represented the State.

Advocate Aditya Mehta instructed by Bagla & Associates represented Bombay Environment Action Group.

Case Title: Brihanmumbai Municipal Corporation vs Union of India [Writ Petition (L) 17795 of 2026]

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