Aarey Case | Supreme Court Imposes Rs 10 Lakh Fine On MMRCL For Seeking To Cut More Trees Than Allowed; But Allows It To Cut 177 Trees

The Supreme Court on Monday imposed a penalty of Rs 10 lakhs on the Mumbai Metro Rail Corporation Ltd (MMRCL) for overreaching the Apex Court's order and seeking permission to cut 177 trees from the Tree Authority despite the Supreme Court allowing it to consider removal or non-removal of only 84 trees. The bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala rebuked MMRCL for acting in contempt of the Court's 29th November 2022 order through which it had modified its earlier status quo order on the felling of trees at Aarey region in Mumbai for the metro car shed project and allowed the MMRCL to pursue its application before the Tree Authority seeking permission for the felling of 84 trees.

At the very outset, CJI DY Chandrachud, expressing his disapproval of the actions of MMRCL said–

"How can you move for felling anymore trees in excess of 84 trees? You're in contempt of our order. You cannot take this court for a ride or go above the Court's order. We lifted the status quo order specifically for 84 trees. If there was something in excess of 84, you should have come back to us. We would have granted permission subject to the hearing."

Solicitor General of India Tushar Mehta, appearing for the MMRCL submitted that the intention of the MMRCL was not to oveereach the Supreme Court. He tendered an apology to the court and stated that the last survey which was taken was in 2019, as per which 84 trees were to be cut. However, owing to newer surveys being necessitated, there was now a need for more trees to be cut. He said–

"It is a lacuna but it was bonafide. The intention was not to overreach."

However, Senior Advocate Gopal Sankaranarayanan contended that the MMRCL had renumbered trees which did not fall in the projects to wrongfully cut them to expand the project's area. He said–

"The map shows that the same number of trees have now come on the ramp and they want to cut it. Earlier they said the trees didn't fall in the project and now they renumbered those. The area has not changed. What has changed is their desire to cut more trees."

Senior Advocate CU Singh added–

"It is based on complete falsehoods. They're saying that in December 2022 they didn't have survey so they couldn't tell how many trees were to be cut. In March and July 2022, a detailed survey was done and they got permission for only trimming of branches."

The bench noted that the averments filed in the affidavit of MMRCL indicated that it knew that the order of the Supreme Court continued to operate and yet acted in overreach of the said order. The bench added–

"We are constrained to observe that MMRCL has made an attempt to overreach this court...It was improper on part of MMRCL to move tree authority to fell any trees in excess of 84. Instead, the correct course of action would have been to move this court. It would be necessary for us to penalise MMRCL for its conduct."

However, the bench added that staying the tree authority's decision of March 15, 2023 as per which the tree authority permitted the felling of 177 trees for the Metro Line 3 car-shed ramp at Aarey Colony, would lead to bringing a public project to a standstill as the project had already advanced. Accordingly, the court stated–

"We modify the previous order and allow MMRCL to act in compliance of tree authority decision of March 15, 2023 and fell 177 trees. MMRCL shall deposit 10 lakhs to the Chief Conservator of Forests and the conservator should ensure all afforestation as directed is completed. We request the director of IIT Bombay to depute a team for the purpose of verifying compliance. The report should be submitted in 3 weeks."

Earlier, the Bombay High Court restrained the MMRCL from felling 177 trees at Aarey Forest without seeking a clarification from the Supreme Court.

Case : In Re: Felling of Trees in Aarey Forest (Maharashtra)

Citation : 2023 LiveLaw (SC) 334

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