SC permits Mumbai Metro to pursue plea for felling trees at Aarey Colony

The Supreme Court on Tuesday allowed the Mumbai Metro Rail Corporation Ltd (MMRCL) to approach the tree authority for the felling of 84 trees, for the Aarey metro car shed project, by modifying its order of status quo in the matter.

A bench of Chief Justice D Y Chandrachud and Justice P S Narasimha said 84 trees can be cut subject to permission of tree cutting authority, saying it is impossible for this court to stay the decision at the interim stage.

“We have arrived at the conclusion that MMRCL should be permitted to pursue its application before the tree authority for permission to fell 84 trees for the purposes of the ramp. We clarify that the tree authority would be at liberty to take an independent decision on the application and determine conditions, if any should be imposed,” the bench said.

The top court modified its status quo order on the felling of trees at Aarey forest in Mumbai for the metro car shed project.

The MMRCL led by Solicitor General Tushar Mehta contended before the 95 per cent of the project was over and the remaining part of the project was held up due to the 84 trees.

The bench said that in such projects, which involved large outlay of public funds, the court cannot be oblivious of the serious dislocation caused if the public investment which goes into the project is disregarded.

The court, however, added that the concerns relating to the environment are important, as all development must be sustainable.

The top was informed that 2144 trees have already been felled and what remains is the cutting of the trees for the ramp.

Solicitor General Tushar Mehta, on behalf of MMRCL, said that 95 per cent of the work is over and the original cost of the project, which was Rs 23,000 crores, has been increased to Rs 37,000 crore due to the delay caused by the litigation.

He also maintained there will be a huge impact on carbon emission going down, and also the traffic on the metro track would be reduced to a large extent.

Senior advocate C U Singh, representing activists against felling of trees, said Rs 23,000 crores is the investment for the whole project and not for the car shed and cited committee reports which suggested Kanjurmarg as a more suitable site for the project in terms of technical feasibility, ability to cater to passenger needs, and impact on environment. He claimed that no construction has taken place, except for a pillar at the metro car shed site.

Taking suo motu cognisance of the protests against the cutting of trees in the Aarey car shed plot, the court had ordered status quo on October 7, 2019.