ORDER : S.J. Kathawalla, J. (THROUGH VIDEO CONFERENCING) 1. Rule. By consent, the matter is taken up for hearing and final disposal. 2. The Petitioner-Mumbai Metropolitan Regional Development Authority ('MMRDA') has approached this Court by way of the present Writ Petition, seeking permission to execute construction of work, set out hereunder, related to the Metro Line-4, which connects Wadala-Ghatkopar-Mulund-Thane-Kasarwadawali. The proposed construction, which falls in CRZ-II area, is as under: a. One Metro Station at Bhakti Park, Village Parel/Shiweri. b. 48 piers for the Metro alignment covering 1200 Sq. Mts. c. Temporary approach road covering total 0.1236 Ha, to be used during the construction phase and to be restored thereafter. 3. The MMRDA is a statutory body established in accordance with the Mumbai Metropolitan Region Development Authority Act, 1974 ('the MMRDA Act'), on 26th January, 1975. MMRDA is engaged in long term planning and promotion of new growth centres, implementation of strategic projects and financing infrastructure development. 4. Respondent No. 1 is the Union of India, through its Ministry of Environment and Forest, being the nodal agency in the administrative structure of the Government for the planning, promotion, co-ordination and overseeing the implementation of India's environmental and forest policies. Respondent No. 2 is the Maharashtra Coastal Zone Management Authority ('MCZMA') constituted under the CRZ Notification of 1991 under the provisions of Environment Protection Act, 1986 ('EPA') responsible for regulation of activities in Coastal Regulation Zones ('CRZ') and grant of CRZ clearances. Respondent No. 3 is the State of Maharashtra. Respondent No. 4 is the Additional Principal Chief Conservator of Forests (Mangroves Cell). 5. The need to construct and expedite the implementation of the Metro Railway network in Mumbai and Mumbai Metropolitan Region ('MMR') is explained in the Writ Petition as follows: a. The city of Mumbai has witnessed a phenomenal growth in population and employment, with a continuous upward trend envisaged in the future. The MMR is one of the fastest growing Metropolitan regions in India, comprising of 09 Municipal Corporations, 09 Municipal Councils and more than 1000 villages, extending upto an area of 4355 square kilometers. Projections estimate the MMR to have a population of 34 million and employment of 15.3 million by the year 2031. The area of MMR is now extended up to Palghar Tahsil covering over an additional area of 2250 sq. km., comprising of 01 Municipal Council and 475 villages. Projections estimate the MMR to have a population of 34 million and employment of 15.3 million by the year 2031. The area of MMR is now extended up to Palghar Tahsil covering over an additional area of 2250 sq. km., comprising of 01 Municipal Council and 475 villages. b. In the MMR region, the public transportation systems being, the Mumbai Suburban Railway Network, the BEST and other State Corporation run bus services, limited ferry services and limited Monorail services and the already implemented Mumbai Metro Rail Line-1, are overburdened and overcrowded, and the road network is severely congested. c. Mumbai is the most public transport dependent city in the world. Presently, more than 12 million people travel daily by suburban rail and the public bus transport systems. As such, the existing suburban railway network is operating much beyond its optimum capacity, leading to overcrowding and allied safety concerns and an ever-depreciating passenger convenience. On an average, there are about 10-12 deaths reported daily on the Mumbai Suburban Rail Network, as the passenger load on an average is more than 5000 persons per rake, which is over double the super dense crush capacity (standing + seating) of about 2400 persons. d. The road network is also plagued by severe congestion, consequently leading to frequent traffic snarls on the main arterial roads and cause ways, consequently leading to increase travel time and noise pollution owing to increased honking and air pollution, owing to burning of fuels during idling time, etc. Apart from the above, expansion of existing roads within the city of Mumbai and its suburbs is severely constrained owing to the existence of structures adjacent to the existing road lines. e. To ameliorate the dire situation and to provide safe, reliable and comfortable mass transit system for the citizens of Mumbai, which would both reduce the load on the existing transportation systems, and be environmental friendly, the Government of Maharashtra envisaged the construction and expeditious implementation of Metro Railway Network in Mumbai/MMR region, covering 337.10 kms of metro corridors. 6. The Petitioner has in the Petition set out the following benefits of Metro Railway Network (Metro) in Mumbai/MMR Region, which are not in dispute: i. Operation of Metro would result in reduction of travel time by 40 to 55 minutes, and consequent reduction in vehicular traffic by 35% to 50%. ii. 6. The Petitioner has in the Petition set out the following benefits of Metro Railway Network (Metro) in Mumbai/MMR Region, which are not in dispute: i. Operation of Metro would result in reduction of travel time by 40 to 55 minutes, and consequent reduction in vehicular traffic by 35% to 50%. ii. Metro will also provide air-conditioned travel comfort to regular commuters at affordable rates. iii. Metro will reduce fatal accidents happening on Mumbai suburban rail system due to severe overcrowding. iv. Metro occupies only 1.8 m space at ground level and 10.55 m air space, which is less than (the width of a lane at ground level.) v. Metro has capacity to carry 72,000 people/hr/direction which is equivalent to 24 dedicated bus lanes and 78 private vehicular lanes. vi. Metro is safer compared to road transport in Mumbai where road accident rate is very high. vii. Metro has higher speed during peak hours, compared to bus and other road traffic. viii. The Metro ride is smooth since it is not affected by other vehicles, pedestrians etc. 7. According to the Petitioner, in addition to the aforesaid benefits, various environmental benefits arising out of the Metro Railway Network are as under: i. Energy efficient (energy consumption per passenger km is only 20% of the energy consumed by the road based transport system). ii. Gaseous, liquid or solid pollution prevention as the Metro Railway is run on clean energy viz. electricity, which does not emit any pollutant on alignment during the operation. iii. Lower noise pollution during operation compared to equivalent capacity of road transport. (Noise levels of the modern Metro Rail Coaches and the track at the source are expected to be <60 dBA. iv. Metro Lines are also environment friendly and will result in substantial reduction of fuel consumption, air pollution, traffic noise and also the greenhouse gas emissions. 8. Considering the voluminous task of the Metro Railway Network, the entire Project is divided into several Lines covering not only Mumbai City but also other cities like Thane, Bhiwandi, Kalyan, etc. As set out in paragraph 1 above, the subject matter of the present Writ Petition pertains to seeking permission to execute the construction of work set out therein, related to Metro Line-4 which connects Wadala-Ghatkopar-Mulund-Thane-Kasarwadawali. 9. As set out in paragraph 1 above, the subject matter of the present Writ Petition pertains to seeking permission to execute the construction of work set out therein, related to Metro Line-4 which connects Wadala-Ghatkopar-Mulund-Thane-Kasarwadawali. 9. In the 140th Authority Meeting of the MMRDA held on 3rd June, 2016, the project related to certain Metro lines including Metro Line-4 was approved and thereafter the Government of Maharashtra, vide its Resolution dated 26th June, 2019, has declared the Project of construction of the said Metro lines as "Vital Urban Transport Project". It has also been declared as "Public Project of Urgency" and "Important Urban Transportation Project" vide Resolution dated 25th October, 2016. 10. The total route length of the Metro Line-4 is 32.32 Kms. (Entirely elevated) having total 32 stations (all elevated). The Petition sets out various benefits of this Project, which are not in dispute. 11. It is submitted by MMRDA that the project of construction of Metro Line-4 is a project of great public importance from the point of view of public transport and it is conceived to create a world class infrastructure for meeting the needs of travellers in city of Mumbai and Thane, who daily commute by public transport system such as rail and bus. The estimated daily ridership of Metro Line-4 project is 8.7 lakhs for the year 2021 and it is further estimated to increase to 12.13 lakhs by the year 2031. 12. MMRDA has further submitted that, the proposed 'Metro Line 4' shall provide inter-connectivity among the existing Eastern Express Highway, Central Railway, Mono Rail, the Metro Line-2B (D.N. Nagar-Mandale), Metro Line-5 (Thane-Bhiwandi-Kalyan), Metro Line-6 (Swami Samarth Nagar-JVLR-SEEPZ-Kanjurmarg-Vikhroli, and Metro Line-8 (Wadala-General Post Office). 13. It is submitted on behalf of the MMRDA that for the aforesaid project, MMRDA has apart from other metro stations, proposed one station at Bhakti Park, Village Parel/Sewri, Tehsil Dadar, District Mumbai City. Further, 48 piers of the Metro alignment are proposed to be constructed in the aforesaid area. The proposed Bhakti Park Station is an essential station, which would serve as an interchange for Bhakti Park Mono Rail Station that is proposed to further connect to Mumbai Central. Out of total 32.32 km length of the alignment, 1.2 km length alignment at Bhakti Park, Wadala, is passing through CRZ-II area, as per the then sanctioned Coastal Zone Management Phase ('CZMP'). Out of total 32.32 km length of the alignment, 1.2 km length alignment at Bhakti Park, Wadala, is passing through CRZ-II area, as per the then sanctioned Coastal Zone Management Phase ('CZMP'). However, in view of Judgment and Order dated 6th October, 2005 passed by this Court in Writ Petition No. 3246 of 2004, the said area was declared as "Protected Forest" which was later notified as "Reserved Forest" by the State Government and due to presence of mangroves, the area falls in CRZ-I. 14. The Division Bench of this Court in its Judgment and Order dated 17th September, 2018, passed in PIL No. 87 of 2006, concerning the issue of destruction of mangroves in the entire city, has in Clause (viii) of paragraph 83 of the Judgment and Order held as follows: "In view of applicability of public trust doctrine, the State is dutybound to protect and preserve mangroves. The mangroves cannot be permitted to be destructed by the State for private, commercial or any other use unless the Court finds its necessary for the public good or public interest." 15. Since the proposed construction would affect a total of 357 mangroves, the MMRDA therefore made an online application to the MCZMA seeking permission for construction of the aforesaid activities. 16. The Application submitted online by MMRDA to MCZMA seeking permission for construction of the aforesaid activities was considered by the MCZMA in its 115th Meeting, which was held on 17th and 18th January, 2017. At the said Meeting, MCZMA recommended the proposal of the MMRDA from the CRZ point of view to the State Environmental Impact Assessment Authority ('SEIAA'), subject to compliance of various conditions. Condition No. 2 stipulates that the MMRDA is required to obtain prior permission from this Court, if the proposed activity falls in mangroves or its 50 m buffer zone area. Accordingly, the MMRDA submitted an Application to SEIAA for the aforesaid construction activity. SEIAA in its 144th Meeting decided to grant CRZ clearance for the construction activity subject to Condition No. 1, which requires the MMRDA to obtain permission from this Court as well as various authorities for cutting mangroves. 17. Since the construction activity at Bhakti Park requires diversion of 0.9850 Ha. of forest land, MMRDA submitted an online proposal to Ministry of Environment, Forest and Climate Change (MoEF & CC) on 14th June, 2018. 17. Since the construction activity at Bhakti Park requires diversion of 0.9850 Ha. of forest land, MMRDA submitted an online proposal to Ministry of Environment, Forest and Climate Change (MoEF & CC) on 14th June, 2018. After receipt of the said proposal, a joint site inspection of the entire affected area was carried out on 4th August, 2018 and on 24th August, 2018, the site inspection was also carried out by the Divisional Forest Officer ('DFO'), Mumbai (Mangrove Cell). After the said inspection, the DFO on 12th December, 2018 recommended the proposal of the MMRDA to Respondent No. 4-Additional Principal Chief Conservator of Forests (Mangrove Cell). After considering the proposal, Respondent No. 4 recommended the proposal to the Additional Principal Chief Conservator of Forest and Nodal Officer, Maharashtra State, Nagpur on 18th December, 2018, who after obtaining specific recommendation of the Principal Chief Conservator of Forests (Head of Forest Force) Maharashtra State, Nagpur, recommended the same to the Additional Director General (Central), Government of India, MoEF & CC at its Regional Office at Nagpur on 29th April, 2019, subject to various conditions. Condition No. 6.13 of the said recommendation stipulates that the MMRDA shall obtain permission from this Court in pursuance of the Order dated 27th January, 2010, passed in PIL No. 87 of 2006. 18. The Regional Office at Nagpur vide Letter dated 30th May, 2019 raised certain queries and sought compliance from the Secretary, Forest, Government of Maharashtra. The MMRDA submitted Compliance Report to the DFO on 1st July, 2019, which was ultimately submitted to the Regional Office. After considering compliance submitted by the MMRDA, the Regional Office requested the State Government to submit information on certain shortcomings vide Letter dated 27th November, 2019. The MMRDA submitted the required explanation which was received by the Regional Officer. Thereafter, the Government of India, MoEF & CC vide its Letter dated 11th March, 2020 addressed to the Secretary (Forest), Government of Maharashtra granted "in-principle" sanction under Section 2 of the Forest (Conservation) Act, 1980 for diversion of 0.985 Ha. of reserved forest land in favour of the MMRDA, for construction of Metro piers and Bhakti Park Station for Metro Line-4, subject to conditions mentioned therein. The MMRDA has pointed out that in Condition No. viii of Forest Clarence, it is mentioned that 0.12.36 Ha. of reserved forest land in favour of the MMRDA, for construction of Metro piers and Bhakti Park Station for Metro Line-4, subject to conditions mentioned therein. The MMRDA has pointed out that in Condition No. viii of Forest Clarence, it is mentioned that 0.12.36 Ha. land proposed for approach road during the construction phase shall be reclaimed after the construction work, at the cost of the user agency i.e. MMRDA, and the same shall be handed back to the State Forest Department. The MMRDA has also pointed out that the Forest Department has identified 1 Ha. degraded forest land for compensatory afforestation purpose at Survey No. 267 at Village Gorai, Taluka-Borivali, District Mumbai suburban, in lieu of 0.985 Ha. forest land diversion for the construction of Metro Piers and Bhakti Park Metro Station for Metro Line-4. The identified land is in a compact block and contiguous to forest area and suitable from the management and protection point of view. Further, the DFO has issued a Demand Letter dated 10th June, 2020 to make necessary payment to the Forest Department which includes the cost of compensatory afforestation scheme, nursery cost, raising and maintenance of plantation for 10 years, cost of survey and demarcation of diverted land, reclamation of temporary diverted land, cost of bird nesting, Net Present Value ('NPV') of land to be diverted and tree felling cost etc. 19. In view of the aforesaid submission, and more particularly in view of the aforestated Clause (viii) of paragraph 83 of the Judgment and Order passed by this Court dated 17th September, 2019, in PIL No. 87 of 2006; Condition No. 2 imposed by MCZMA while granting recommendation in favour of the MMRDA in its 115th Meeting held on 17th and 18th January, 2017; Condition No. 3 (i) imposed in CRZ clearance in 144th Meeting held on 25th October, 2018 by SEIAA and Condition No. 6.13 imposed by Forest Authority in Letter dated 29th April, 2019 and the "in-principle" approval granted by MoEF & CC dated 11th March, 2020, the MMRDA has moved this Court by the present Writ Petition explaining the importance of the Metro Railway Network and the proposed construction required to be carried out inter alia with regard to Metro Line-4. 20. On behalf of Respondent No. 4, the Division Forest Officer, Mumbai Mangrove Conservation Unit has filed his Affidavit in Reply dated 24th July, 2020. 20. On behalf of Respondent No. 4, the Division Forest Officer, Mumbai Mangrove Conservation Unit has filed his Affidavit in Reply dated 24th July, 2020. In the said Affidavit after setting out the importance of the implementation of the Metro Railway Network in Mumbai and MMR, including the importance of Metro Line-4, the Deponent has submitted that the Government of Maharashtra has planned Wadala area as the future IT and commercial hub, which will be similar to BKC and lead to increase passenger loads in future on these adjacent stations. In the absence of the public transport facility, the commuters would select road option for travelling to the area, resulting in air pollution and congestion in the area. The Metro is most convenient and being the cleanest mode of transport, it is submitted that the proposed work will require cutting of 357 mangrove trees for construction of the Bhakti Park Station and Metro piers for Metro Line-4 at village Sewri (Salt Pan) in Mumbai City District. In lieu of destruction of 357 mangrove trees and diversion of 0.985 Ha. of mangrove forest, the MMRDA has agreed to bear the cost of compensatory afforestation on 01 hectare of degraded forest land. On 01 hectare degraded forest land, which is already in possession of Mumbai Mangrove Conservation Unit, Forest Department will plant 4444 mangrove saplings. This will amount to planting mangroves saplings which are 10 times more than the number of mangrove trees to be destroyed during construction of the Metro Project. Also the MMRDA has agreed to bear cost of afforestation of 0.12 Ha. of mangrove forest land that will be temporarily destroyed due to construction of access road to Bhakti Park Metro Station. The project is a public utility project, in the public interest, which will also improve and provide for better transport facility, reduce air pollution and provide the safest mode of transportation to society, and the said proposal was recommended by the Government of Maharashtra to the Ministry of Environment, Forest and Climate Change, Government of India for necessary approval. After careful examination of the proposal of the State Government, the MoEF & CC has by Letter dated 11th March, 2020 accorded "in-principle" approval under Section 2 of the Forest (Conservation) Act, 1980. After careful examination of the proposal of the State Government, the MoEF & CC has by Letter dated 11th March, 2020 accorded "in-principle" approval under Section 2 of the Forest (Conservation) Act, 1980. The DFO has in paragraphs 6, 7 and 8 of his Affidavit in Reply set out the conditions including payment that MMRDA will have to comply/pay pursuant to the conditions set out in the conditional order/recommendation of the Respondents. 21. The Learned Advocate General on instructions has informed the Court that the MMRDA undertakes to comply with and adhere to each and every condition stipulated by MCZMA, SEIAA and the forest authorities in their respective approvals. 22. We have perused the above Writ Petition and the submissions made by the Learned Advocate General on behalf of the MMRDA. We have also considered the submissions advanced on behalf of other Respondents as well as the Orders passed by this Court from time to time granting necessary permission to cut mangroves in the interest of projects, which are of immense public importance. We are convinced beyond any doubt that the project of construction of Metro Line-4 as set out hereinabove, is a project of immense public importance from the point of view of the public transport. All the requisite permissions for the execution of the said Project are already granted by various statutory authorities, MMRDA has complied with most of the conditions imposed by these permissions and MMRDA has undertaken to comply with the rest of the conditions. Rule is therefore made absolute and the Writ Petition is allowed in terms of Prayer Clause (b). The undertakings given by MMRDA are accepted. The Writ Petition is accordingly disposed of. 23. This Order will be digitally signed by the Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this Order.