No Tree Felling in Aarey Till 30 September: Bombay High Court

The court will hear a petition challenging proposed felling of over 2,600 trees from 30 September.

The court will hear a petition challenging proposed felling of over 2,600 trees in this area in north Mumbai from 30 September,

(Photo: PTI)

The Bombay High Court on Tuesday, 17 September, said that the Mumbai Metro Rail Corporation Ltd (MMRCL) shall not fell trees in the Aarey Colony area in Mumbai to make way for a Metro car shed till 30 September, reported PTI.

The court will hear a petition challenging proposed felling of over 2,600 trees in this area in north Mumbai from 30 September, said a division bench of Chief Justice Pradeep Nandrajog and Justice Bharati Dangre.

Activist Zoru Bathena has filed a petition challenging the approval granted by the Brihanmumbai Municipal Corporation's Tree Authority on 29 August to cut trees for the Metro car shed.

When the bench said it would commence hearing on Bathena's petition on 30 September, his counsel Janak Dwarkadas said that on 13 September, the tree authority issued final permission letter to MMRCL for felling or transplanting 2,646 trees.

However, no trees can be cut for the next 15 days, because under the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975, this much period has to be granted to citizens to raise objections, Dwarkadas said.

"The 15-day period gets over on 28 September. We would like MMRCL to make a statement that it would not start cutting trees till 30 September," he was quoted by PTI as saying.

“We are very pleased with the detailed and patient hearing given to our cause. The court has correctly observed that the issue is not about trees, but an entire natural environment. This legal fight has started in 2015 and after years of fighting to get heard, we finally are (getting heard). We are grateful for this.”

Zoru Bhathena, Petitioner

Advocate General Ashutosh Kumbhakoni, appearing for MMRCL, said he need not make an official statement but the authority was not in a “hurry” to cut the trees.

"It is understood that they (MMRCL) will not chop the trees," Chief Justice Nandrajog then said.

As per Bathena's petition, on 29 August, the Tree Authority approved MMRCL's proposal to cut 2,185 trees and uproot and replant elsewhere another 461 trees.

‘Metro is in Larger Public Interest’

Green activists are opposed to felling of trees in Aarey Colony, which, together with Sanjay Gandhi National Park, is known as the green lung of the metropolis.

MMRCL and the BMC have argued that metro is in larger public interest, pointing out that it will wean people away from using cars, taxis and two-wheelers and result in sharp reduction in pollution.

MMRCL, in its affidavit, also said Aarey Colony was not a naturally forested area as claimed by the petitioner. The delay in construction of the car shed will cause a loss of Rs 4.23 crore per day, it said, according to PTI.

Besides Bathena's, three more petitions have been filed on the issue. The petition filed by NGO Vanshakti seeks a direction to the government to declare Aarey a forest area.

The high court on Tuesday said it would look into the question whether Aarey Colony is a forest, and if it is not, whether the court can issue a direction that it be declared a forest.

“If we arrive at the conclusion that Aarey has to be declared as forest, then all the other issues do not arise as all the environmental restrictions come in place. We will also go into the issue of whether the decision taken by the tree authority is legal.”

Chief Justice Pradeep Nandrajog, as quoted by PTI

The hearing on Vanshakti's petition will continue on Wednesday.

(With inputs from PTI.)