The Supreme Court on November 29, 2022 modified its status quo order on felling trees in the Aarey Colony, allowing the Mumbai Metro Rail Corporation Ltd (MMRCL) to pursue its application before the Tree Authority for permission to cut 84 trees for a ramp at its metro car shed project.
“In such projects involving large outlay of public funds, the court cannot be oblivious to the serious dislocation which will be caused if the public investment which has gone into the project were to be disregarded… Undoubtedly, considerations pertaining to the environment are of concern because all development must, it is well-settled, be sustainable,” a Bench of Chief Justice D.Y. Chandrachud and P.S. Narasimha observed in its order.
The court narrated the events which led to the State government’s decision to first accept its Technical Committee report of 2015, which had recommended the realignment of the metro car shed project primarily to Kanjurmarg, and then rescind it later after receiving a communication from the Union Ministry of Urban Affairs in March 2022.
The letter from the Ministry had reportedly pointed out that the relocation of the project from Aarey to Kanjurmarg would lead to major cost, infrastructure and impact escalations.
The court said, at this stage, the factors represented in the Ministry communication cannot be disregarded. The State government had, after considering the entirety of the issue, restored the metro car shed project for metro line three back to Aarey from Kanjurmarg.
The Bench said it would not be possible to stay the State’s decision now.
Besides, the court said a “substantial” number of trees in the area of the proposed depot had already been axed. “As already 2,144 trees were felled for the car depot while 212 trees were felled for the ramp. What is now sought is permission to apply to the Tree Authority for the felling of 84 trees pertaining to the ramp. It needs no emphasis that without a ramp, the work already completed would be of no consequence and be ineffective,” the court reasoned.
Considering the circumstances, the top court concluded that the MMRCL ought to be allowed to proceed with its application before the Tree Authority for permission to cut the 84 trees.
The court said the Tree Authority was at liberty to take an independent decision on the application and determine conditions. The court listed the case for hearing and disposal of the main special leave petitions in the first week of February.
The felling of trees is opposed by green activists and local residents. The case is based on a letter written by law student Rishav Ranjan in 2019 to the Chief Justice of India about the cutting of over 2,600 trees in Mumbai’s Aarey Colony.
The letter said Aarey was an unclassified forest and the felling of trees, robbing Mumbai of its green lungs, was illegal.
The Bombay High Court, on October 4, 2019, refused to declare Aarey Colony a forest and declined to quash a Mumbai Municipal Corporation’s decision to permit the cutting of the trees for the metro car shed.
The Aarey Colony is located adjacent to the Sanjay Gandhi National Park. It is home to five lakh trees and hosts a rich biodiversity.
