Mumbai Metro Stopped By Bombay High Court From Felling 177 Trees In Aarey

The Bombay High Court bench comprising Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne on Friday stopped the Mumbai Metro Rail Corporation Ltd. (MMRCL) from cutting 177 trees in Aarey for the project until a clarification about the same does not arrive from the Supreme Court. 

The court was hearing a PIL where the petitioner had contended that MMRCL had filed an application before the apex court seeking permission to fell 84 trees. In its judgement dated 29th November 2022, the apex court permitted MMRCL to move the Tree Authority for felling of 84 trees. The respondent has contended that the said application was of 2019 while the by November 2022 there has been growth of many shrubs into wild trees and another application was accordingly filed for seeking permission for felling 177 trees.

The petitioners have submitted that as per the order of the Supreme court the respondent cannot entertain the application to fell more than 84 trees and it was further said that public notice issued for the same sought objections to grant permission to fell dangerous and dead trees. The respondent has contended that as per Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975 objections cannot be sought for dead or dangerous trees.

The bench observed that it is not a matter of debate that the Apex Court has granted permission to the MMRCL to move the Tree Authority, to the extent of 84 trees but 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 the aforementioned, the bench noted that-

“It will not be possible for the Court to accept the contention of respondents that the respondent no. 1 could permit the respondent no. 2 to fell trees beyond 84. The Apex Court is already seized of the matter and as submitted by the learned senior advocate for respondent no. 2, the matter is now before the Apex Court on 11th April 2023.”

The matter will now be heard on 27 April 2023.