Bombay High Court Stays Felling Of 177 Trees At Aarey Colony, Asks MMRCL To First Seek Clarification From Supreme Court

The Bombay High Court restrained the Mumbai Metro Rail Corporation from felling 177 trees at Aarey Forest without the MMRCL seeking a clarification from the Supreme Court.

A division bench comprising Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne reasoned that the Tree Authority couldn’t have permitted MMRCL to cut 177 trees despite the Supreme Court allowing it to consider removal or non-removal of only 84 trees.

“It is not a matter of debate that the Hon’ble Apex Court has granted permission to the MMRCL to move the Tree Authority, to the extent of 84 trees. However, the impugned permission is for 177 trees. The same is beyond the liberty granted by the Apex Court under the judgment dated 29th November 2022. In light of that, it will not be possible for this Court to accept the contention of respondents that the respondent no. 1 (Tree Authority) could permit the respondent no. 2 to fell trees beyond 84,” the bench observed.

It further noted that the Aarey issue is already listed before the Supreme Court on April 11, therefore a clarification could be sought for the present cutting as well.

The bench was dealing with a petition filed by environmentalist Zoru Bhathena assailing the March 15, 2023 order of the tree authority permitting the felling of 177 trees for the Metro Line 3 car-shed ramp at Aarey Colony.

So far 2,144 trees have been felled at Aarey for the car shed while 212 trees were felled for the ramp. Following an Interim Application in November 2022, the SC modified its status quo order on felling of trees in the Aarey Colony and allowed MMRCL to approach the Tree Authority for permission to cut additional 84 trees for a ramp at its metro car shed project.

On Friday, Senior Advocate Venkatesh Dhond informed the bench that pursuant to this order the MMRCL approached the Tree Authority to fell not just 84 trees but 177 trees. They MMRCL claimed that since their request before the SC was from 2019 many shrubs had grown into wild trees and they required to be axed.

Subsequently, the Tree Authority issued a public notice inviting objections to fell all 177 trees. However, the notice fraudulently mentioned that the trees were “dead and dangerous", Dhond argued.

Dhond elaborated that for dead/dangerous trees, objections cannot be raised in view of the provisions of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975.

Senior Advocate Milind Sathe for the Tree Authority (Municipal Commissioner as position of the Tree Authority is vacant), opposed the submission and said that the content of the notice details why the tree was being cut.

Senior Advocate Ashutosh Kunbhakoni for MMRCL argued that the purpose of granting permission to fell the trees was required to be considered. Till this last leg is not shaved, the metro project couldn’t be implemented, he said.

“There is no doubt that the metro project involves public interest and public purpose. There cannot be any debate in the proposition that the balance has to be struck between sustainable development and ecology,” the bench observed.

“In light of above, propriety would require that the respondent no. 2 (MMRCL) shall not fell the trees pursuant to the impugned order until it seeks clarification/order from the Hon’ble Apex Court,” the court observed.

Bombay High Court is hearing a PIL against permission granted to MMRCL to cut 177 trees at Aarey Colony for the Metro project by "fraudulently claiming the trees are dead and dangerous."#Aarey #BombayHighCourt pic.twitter.com/1nxXWQfQEC

— Live Law (@LiveLawIndia) March 31, 2023

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