The Tata Power Company LimitedversusUnion of India

bdp
             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                ORDINARY ORIGINAL CIVIL JURISDICTION

                         WRIT PETITION NO. 4429 OF 2025
      1. The Tata Power Company Limited, Mumbai       ]
      2. Vispi Sarosh Patel,                          ]
         Shareholder of Tata Power Co. Ltd.           ]   ….Petitioners
                         Versus
      1. Union of India,                              ]
         Through the Ministry of Environment,         ]
         Forest & Climate Change, New Delhi           ]
      2. Maharashtra Coastal Zone Management          ]
         Authority, Mumbai                            ]
      3. State of Maharashtra,                        ]
         Through Forest Department                    ]
      4. Additional Principal Chief Conservator of    ]
         Forest (Mangrove Cell), Mumbai               ]
      5. Principal Chief Conservator of Forest,       ]
         (Head of Forest Force), Nagpur               ]
      6. Maharashtra State Electricity Transmission   ]
         Company Ltd., Mumbai                         ]   ….Respondents



      Mr. C.S. Balsara with Mr. H.N. Vakil, Mr. Samkit Shah and Mr. Farhad
      Vakil, i/b Mulla and Mulla & CBC, Advocates for the Petitioners.

      Mr. Gaurav Shrivastav with Mr. Adarsh Vyas, Advocates for
      Respondent No.1-UOI.

      Ms. Jaya Bagve, Advocate for Respondent No.2-MCZMA.

      Mr. Mohit P. Jadhav, Additional Government Pleader for Respondent
      Nos.3, 4 and 5.


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                          CORAM :           RAVINDRA V. GHUGE, ACJ. &
                                            GAUTAM A. ANKHAD, J.

                          DATE        :     21st August, 2026.


JUDGMENT : (Per Gautam A. Ankhad, J.)


1.                 Rule. Rule is made returnable forthwith. With the consent of

the parties, the Petition is heard finally.


2.                 Petitioner No.1 is required to upgrade its existing 110 KV

Kalwa-Kalyan Transmission Line to 220 KV in view of the substantial

increase in the annual power load. The transmission line, which is more

than 75 years old, passes through various villages and forest land in

Thane District, as well as certain areas falling within the Coastal Regula-

tion Zone (CRZ). The proposed upgradation involves substitution of the

current 110 KV double circuit line with a multi-circuit 220 KV line and

replacement of 87 existing transmission towers. Two of these towers are

situated within 50 metres of the mangrove buffer zone and, therefore, re-

quire the permission in terms of paragraph 83(viii) of the judgment and

order dated 17th September 2018 passed by this Court in PIL No.87 of

2006.



3.                 Mr. Balsara, learned counsel appearing for the Petitioners,

submits that the proposed project will not involve any cutting or

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destruction of mangroves. The proposed work, however, involves

diversion of 4.5773 hectares of forest land, for which the requisite

statutory permissions have been obtained. The replacement towers will

be erected within the area occupied by the existing towers. The project

is of public importance and will augment the power supply to the Thane

region. The estimated cost of the project is Rs.488 crores. The Petitioners

undertake to execute the project strictly in accordance with all applicable

statutory permissions and the conditions attached thereto.


4.                 Mr. Balsara further submits that the following permissions

have been granted for the proposed project:


         i)         Stage-I clearance (in principal approval) dated 1st October

                   2024 issued by Respondent No.1 under Section 2 of Van

                   (Sanrakshan Evam Samvardhan) Adhiniyam, 1980 for

                   diversion of 4.5773 hectare forest land.


         ii)       In-principle   approval    granted   by    the   Maharashtra

                   Electricity Regulatory Commission (MERC) on 20th June

                   2025 together with approval of the scheme for upgradation

                   of the transmission line towers in the Kalwa-Kalyan area,

                   permitting Petitioner No.1 to augment and replace the

                   transmission lines to meet the increased demand in and
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                   around Thane District. The approval was granted upon

                   consideration of the Detailed Project Report and the

                   compliances submitted by the Petitioners;


         iii)      Recommendation of Respondent No.2 dated 21st August

                   2025, pursuant to its meetings held on 5 th August 2024 and

                   18th July 2025;


         iv)       CRZ clearance dated 10th September 2025 issued by

                   Respondent No.1. Condition No.4 thereof requires

                   Petitioner No.1 to obtain permission of this Court for any

                   activity in the mangrove area; and


         v)        Stage-II forest clearance (final approval) dated 24th

                   September 2025 issued by Respondent No.1, subject to the

                   conditions stipulated therein.


5.                 Mr. Balsara submits that all the Respondents have been

served. None of the Respondents has filed an affidavit opposing the

Petition. Hence the permission sought for in the petition ought to be

granted by this Court.



6.                 We have considered the submissions of Mr. Balsara and the

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material placed before us. The learned counsel appearing for the

Respondents submit that since statutory permissions and clearances have

been granted by the competent authorities, they do not have any

objections to the proposed project.


7.                  The permissions granted to the Petitioners record the

importance of this project. The proposed upgradation is necessitated by

the increased demand for electricity in the City of Greater Mumbai and

Thane District. The replacement of the existing transmission

infrastructure is an integral and necessary component of upgrading the

transmission line from 110 KV to 220 KV. The proposed project does not

involve cutting or destruction of mangroves.



8.                 The Petitioners have filed a compliance Affidavit dated 5 th

December 2025 showing the compliances made by the Petitioners with

all the statutory requirements as well as payment of Rs.2,04,02,991/- to

the Forest Department towards various clearances for net present value

(NPV) and to carry out compensatory afforestation. In respect of the

diversion of 4.5773 hectares of forest land, 82 trees are proposed to be

felled in the Thane Forest Division, covering an area of 3.8503 hectares.

No mangrove trees are proposed to be felled in the Mumbai Mangrove

Conservation Unit, covering an area of 0.7270 hectares.

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9.                 The   Petitioners   have   paid   Rs.82,70,336/-   towards

compensatory afforestation over 9.20 hectares of degraded forest land at

Village Kishor, Reserved Forest Survey No.96, Compt. No.786 (part),

and Village Bhramhangaon, Reserved Forest Survey No.65, Compt.

No.786 (part), Taluka Murbad, District Thane. Under the approved

compensatory afforestation scheme, 10,221 tree saplings are to be

planted over the said 9.20 hectares.



10.                In view of the nature of the project, the statutory

permissions obtained, the compliances undertaken by the Petitioners and

the absence of objection from the concerned authorities, we are satisfied

that the Petitioners have made out a case for grant of permission

contemplated under paragraph 83(viii) of the judgment and order dated

17th September 2018 in PIL No.87 of 2006.



11.                To ensure that the plantation, maintenance, protection and

afforestation of trees is effectively implemented, the Petitioner shall file

an Interim Application on a bi-annually basis, with comprehensive

status/audit reports supported by affidavits signed by the Petitioner

(through its Managing Director) and by Respondent No.5. Such Interim

Application shall be filed twice every year on or before 12 th January and


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                      12th July for the next ten years and shall be automatically listed on the

                      third Friday of January and third Friday of July respectively, for the

                      purposes of compliance and review. Failure to file such reports or

                      Interim Application shall be treated as contempt of this Court. Subject to

                      the outcome of the Applications, this Court may issue such further

                      directions as required.



                      12.            For the aforesaid reasons, the Writ Petition is allowed in

                      terms of prayer clause (a) which reads as under:-


                            “(a) This Hon’ble Court be pleased to issue a Writ of
                                 Mandamus or any other appropriate writ or order or
                                 direction in the nature of mandamus under Article 226
                                 of the Constitution of India, thereby directing the
                                 Respondent Authorities to permit the Petitioner to
                                 execute and replace transmission towers of 110 kV with
                                 220 kV of Kalwa Kalyan Transmission Line in
                                 mangrove buffer zone in view of the public importance
                                 of the project, by granting leave as contemplated in
                                 paragraph 83(viii) of the Judgment and Order dated
                                 17th September 2018 in PIL No.87 of 2006 in terms of
                                 various permissions granted to the Petitioners by the
                                 Respondents.”


                      13.            Rule is made absolute in the above terms. Liberty to apply.




                      [GAUTAM A. ANKHAD, J.]                     [ACTING CHIEF JUSTICE]



          Digitally
          signed by
SNEHA SNEHA                                                7/7
ABHAY Date:
      ABHAY DIXIT
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DIXIT 2026.08.24
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