Mumbai: The Bombay High Court has permitted Adani Cementation Limited to cut 158 mangrove trees for its proposed jetty project along the Amba River in Raigad district. However, the court underscored the importance of balancing development with environmental conservation and directed the company to strictly adhere to the conditions imposed by regulatory authorities.

A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre stated that while the project serves commercial interests, it must not lead to excessive depletion of natural resources.

“By ensuring that any activity, though aimed as a commercial activity, does not deplete the available natural resources — and even if it does so in a minimized way, by ensuring that its loss is compensated — we are convinced that the project propounded by the petitioner deserves our approval,” the bench observed. However, the court made it clear that the approval is subject to the company’s compliance with all statutory conditions.

The court further highlighted the importance of sustainable development, stating, “By keeping in mind the goal of sustainable development — of striking a balance between the necessity of the project, which aims at meeting the ever-increasing need for cement, and, at the same time, not compromising the ability of future generations to meet their own needs — it is necessary to ensure that the project results in minimum damage to the environment and natural resources, particularly when the entire planet is coping with the crisis of climate change, biodiversity loss, and pollution.”

As a safeguard, the court directed the company to file an affidavit within two weeks, assuring compliance with the conditions laid down by the Ministry of Environment, Forest and Climate Change (MOEFCC) and the Maharashtra Coastal Zone Management Authority (MCZMA).

The HC was hearing a petition by Adani Cementation seeking permission to cut mangroves to facilitate construction of a berthing jetty, conveyor corridor, and approach road to transport cement, clinker, and raw materials via waterways. The project, estimated at Rs 172 crore, aims to reduce road congestion and carbon emissions by shifting freight movement to water transport.

MCZMA had granted clearance for the project on December 10, 2020, subject to compliance with mitigation measures. The High Court noted that the project serves a public purpose by supporting infrastructure development in the Mumbai Metropolitan Region, which relies heavily on cement transported over long distances.

Citing environmental concerns, the Bombay Environmental Action Group (BEAG) opposed the project, arguing that a captive jetty primarily benefits the company rather than the public. The NGO also questioned the project’s impact on CRZ-1A areas and mangrove ecosystems.

However, the court rejected these objections, stating, “We are not at all impressed by the said objection, since we have the details before us which are also taken note of by the MCZMA and the Forest Department.”

The court acknowledged that the project will affect 0.6497 hectares of mangroves but noted that Adani Cementation has committed to planting ten times the number of affected trees as compensatory afforestation. The company also plans to implement eco-friendly measures, including a mechanised conveyor system to reduce noise pollution and prevent material spillage.

The bench observed that shifting cement transport to waterways aligns with India’s commitment under the Paris Agreement to reduce carbon emissions. The court referred to studies highlighting the environmental benefits of water transport, noting that “1 liter of fuel moves 24 tonnes per kilometer via road, 95 tonnes via rail, and 215 tonnes via waterways.”

The court further noted, “... we find exhaustive deliberation about the nature of the Project covering a jetty to be used for transporting cement through sea or inland waterways instead of road, which according to us will achieve the object of easing congestion in roads and help in reduction of carbon emission by more than 60%.”

Adani Cementation has already secured approvals from the Maharashtra Maritime Board, the Ministry of Environment, Forest and Climate Change (MoEFCC), and the Forest Department. The MCZMA had mandated that mangrove cutting should be minimised and that the conveyor corridor should be designed with adequate spacing to reduce its footprint in the mangrove area.