Mumbai: The Bombay High Court on Friday said that “propriety” demanded that the Mumbai Metro Rail Corporation Ltd (MMRCL) should not fell trees in Aarey for the proposed Metro car shed until it seeks clarification from the Supreme Court with regards to number of felling of trees.
Hearing a public interest litigation (PIL) filed by activist Zoru Bathena challenging the permission granted by the BMC to axe 177 trees, a bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne said, “... 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.”
SC had permitted MMRCL to move Tree Authority for felling of 84 trees
On November 29, 2022, the SC permitted the MMRCL to move the Tree Authority for felling of 84 trees for the project. However, on March 15, the BMC chief granted permission to fell 177 trees. The MMRCL justified the increase in number of to-be-axed trees claiming that the earlier application for felling 84 trees was of 2019 and over the years shrubs had grown into trees.
In 2019, the apex court had taken suo motu cognisance of a letter petition addressed to the then Chief Justice of India by a law student seeking a stay on the felling of trees in Aarey. Subsequently, in November 2022, it modified its order to the extent of permitting felling of only 84 trees after a nod from Tree Authority.
During the hearing on Friday, the HC noted that it is not a matter of debate that the SC has granted permission to the MMRCL to move the Tree Authority, for axing 84 trees. However, the court expressed apprehension over the BMC's nod to fell 177 trees. “The same is beyond the liberty granted by the apex court under the judgment dated November 29, 2022. In light of that, it will not be possible for this court to accept the contention of respondents (BMC and MMRCL) that the respondent no. 1 (BMC) could permit the respondent no. 2 to fell more than 84 trees,” said the bench.
Car shed a project of public importance, says court
Noting that though the project was of public importance, the judges said that the court can't pass any order since the matter was pending before the apex court. “There is no doubt that the Metro project involves public interest and public purpose. There can't be any debate in the proposition that the balance has to be struck between sustainable development and ecology,” the bench added.
Pursuant to earlier HC remarks, the agency has filed an application before the apex court seeking clarification, which is likely to come up for hearing on April 11. The HC has kept the matter for hearing on April 27.
