TATA POWER COMPANY LIMITED Vs. UNION OF INDIA

JUDGEMENT

(1.) By this Petition, filed under Article 226 of the Constitution of India, Petitioners are seeking a direction of this Court to the Respondent Authorities to allow Petitioners to implement the project for 220 KV transmission line between Kalwa and Salsette pursuant to the permissions granted under the provisions of the Environment (Protection) Act, 1986 (for short "EPA, 1986 "), Forest (Conservation) Act, 1980 (for short "FCA, 1980 ") and the Notifications issued under the provisions of EPA, 1986.

(2.) Petitioner No.1 is a Company supplying electricity to the consumers in the island city of Mumbai. To implement the scheme approved by the State Transmission Utility ( "STU ") and the Maharashtra Electricity Regulatory Commission ( "MERC "), Petitioners propose to construct of 220 KV transmission line of about 5 kilometers from Kalwa to Salsette (the "Project ") to augment the existing 110 KV transmission line corridor, which will be passing through the existing Right of Way ( "ROW ") of 22 meters width over an area consisting of mangroves and also falling within 50 meters mangrove buffer zone.

(3.) Dr. Milind Sathe, learned Senior Counsel for the Petitioners submits that in this regard, Petitioner No.1 has obtained the Environmental Impact Assessment ( "EIA ") report from the Bombay Natural History Society ( "BNHS ") regarding the possible impact of the Project on the mangroves in the existing ROW. The said Report has highlighted the following :-