The Bombay High Court on Friday further stayed the cutting of trees for phase 3 of the Mumbai Metro.
A Division Bench of Chief Justice Manjula Chellur and Justice G.S. Kulkarni was hearing a petition filed by residents of Churchgate, Hutatma Chowk and Cuffe Parade. The main grievance was cutting of old trees indiscriminately without adhering to provisions enabling relocating or replanting existing trees.
An affidavit had been placed before the court with photographs indicating details of trees proposed to be cut for the Metro project.
Senior counsel Janak Dwarkadas appearing for petitioner Nina Deepak Verma said the officers who gave permission for the cutting of trees were not applying the norms or the procedure or precaution to be taken before granting permission for axing trees.
The petitioners, in their affidavit, have cited Rule 8 of the Maharashtra (Urban Areas) Protection and Preservation of Tress Rules, 2009. The Bench said, “We understand that some loss will be caused to the environment for infrastructure development. But the difference is that we need to establish is that if it is a massacre [of trees] or just a small obstacle.”
The court told the BMC and the Mumbai Metro Rail Corporation to file affidavits on the number trees that would be cut and told the petitioner to inspect documents pertaining to tree felling and adjourned the matter for two weeks.
In the last hearing, the court has said, “Prima facie we see there has to be a serious concern as the trees that need to be cut seem to be more than 5,000.”