Vanashakti v. Union of India

Background of the Case

  • Vanashakti, an environmental NGO, filed a petition before the Supreme Court seeking stronger protection of mangroves, wetlands, and ecologically fragile coastal zones—especially in Mumbai Metropolitan Region (MMR).
  • The petition challenged large-scale destruction of mangroves due to infrastructure projects, land reclamation, and encroachments.
  • It invoked Article 21 (Right to Life), arguing that environmental degradation directly harms public health and climate resilience.

Key Issues Raised

  • Failure of state agencies (MCZMA, MMRDA, CIDCO, MHADA) to prevent illegal reclamation and destruction of mangrove forests.
  • Non-compliance with CRZ Notifications, particularly CRZ-1, where mangroves are classified as ecologically sensitive and construction is prohibited.
  • Lack of fencing, demarcation, and long-term protection measures for mangrove areas.
  • Absence of a dedicated mechanism to restore damaged mangroves and prevent future encroachments.

Supreme Court’s Key Directions

  • Complete prohibition on destroying mangroves under any circumstances, including for public projects.
  • Declared mangroves as a component of the Right to Life under Article 21.
  • Ordered the State of Maharashtra to:
    • Constitute a Mangrove Conservation and Protection Authority.
    • Fence, survey, and demarcate all mangrove areas.
    • Treat mangrove lands as protected forest land.
  • Any project impacting mangroves to require:
    • Prior clearance from State authorities,
    • Strict compliance with CRZ rules,
    • Mandatory compensatory afforestation (ratio higher than 1:1).
  • Directed quarterly reporting on mangrove protection to the High Court/Supreme Court.

Significance of the Judgment

  • First explicit recognition that destroying mangroves violates Article 21, expanding the scope of environmental rights.
  • Strengthened legal protection for mangroves nationwide, not just in Maharashtra.
  • Reinforced the binding nature of CRZ rules and tightened scrutiny of coastal development projects.
  • Set a precedent for protecting ecologically fragile urban ecosystems (mangroves, wetlands, estuaries).
  • Highlighted mangroves’ role in flood control, tidal regulation, biodiversity conservation, and carbon sequestration.

Implications for Governance and Policy

  • Mandates multi-agency coordination for coastal ecological protection.
  • Boosts environmental litigation by civil society groups.
  • Requires state governments to integrate mangrove protection into urban planning, coastal infrastructure, and climate adaptation policies.
  • Encourages stronger monitoring using GIS, geo-fencing, and satellite tools.

Influences future assessments under Environment Impact Assessment (EIA) and CRZ clearances.

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