Image: Live Law
On April 17, while hearing the case of felling of trees in the for the Mumbai Metro Rail project in Aarey, in the matter of In Re: Felling of Trees at Aarey Forest, the Supreme Court placed a Rs 10 lakh penalty on the Mumbai Metro Rail Corporation Ltd (MMRCL) for overreaching the limit set by the Supreme Court in its previous order. The Supreme Court was displeased over the fact that despite allowing for the authorities to consider removal or non-removal of only 84 trees, permission to cut 177 trees was being sought.
The bench, which included CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala, chastised MMRCL for acting in contempt of the Court’s order issued on November 29, 2022, in which it modified its earlier status quo order on the felling of trees in Mumbai’s Aarey region for the metro car shed project and allowed MMRCL to pursue its application before the Tree Authority seeking permission to fell 84 trees. The Court also stated at the time that the tree authority will be free to make an appropriate decision on the MMRCL’s application by imposing appropriate conditions.
In the present hearing, at the very outset, CJI DY Chandrachud expressed his disapproval of the actions of MMRCL, and said:
“How can you move for felling anymore trees in excess of 84 trees? You’re in contempt of our order. You cannot take this court for a ride or go above the Court’s order. We lifted the status quo order specifically for 84 trees. If there was something in excess of 84, you should have come back to us. We would have granted permission subject to the hearing.” (As reported by LiveLaw)
Solicitor General of India Tushar Mehta, appearing for the MMRCL, stated that the MMRCL’s intention was not to overreach the order of the Supreme Court. He apologized to the court and stated that the most recent survey was conducted in 2019, and that 84 trees were to be cut down. However, due to the need for newer surveys, there was now a need for more trees to be cut. As provided by the LiveLaw, SG Tushar Mehta had said–
“It is a lacuna but it was bonafide. The intention was not to overreach.”
“The map shows that the same number of trees have now come on the ramp and they want to cut it. Earlier they said the trees didn’t fall in the project and now they renumbered those. The area has not changed. What has changed is their desire to cut more trees.”
Responding to this, Senior Advocate CU Singh had added–
“It is based on complete falsehoods. They’re saying that in December 2022 they didn’t have survey so they couldn’t tell how many trees were to be cut. In March and July 2022, a detailed survey was done and they got permission for only trimming of branches.”
Senior Advocate Gopal Sankarnarayanan
The bench noted that MMRCL’s affidavit averments indicated that it was aware that the Supreme Court’s order was still in effect and yet acted in violation of the order. Keeping this mind, the bench found it necessary to penalize the MMRCL for its conduct and directed it to deposit ₹10 lakh with the Chief Conservator of Forests. Thus, the bench ordered the following, as reported by the LiveLaw-
“We are constrained to observe that MMRCL has made an attempt to overreach this court…It was improper on part of MMRCL to move tree authority to fell any trees in excess of 84. Instead, the correct course of action would have been to move this court. It would be necessary for us to penalise MMRCL for its conduct.”
The bench expressed frustration at the fact that the superintendent of gardens and trees officer had given permission to fell 177 trees in defiance of the top court’s order.
“You people think you can Supreme Court for a ride. You cannot overreach the court. Officer of MMRCL should also be sent to jail. Ask CEO of MMRCL to be present in court,” the CJI said, as per the BarandBench.
The Court further remarked that both the MMRCL and Brihanmumbai Municipal Corporation (BMC) were in contempt of the court, as provided by the BarandBench. However, the bench further stated that staying the tree authority’s decision of March 15, 2023, which permitted the felling of 177 trees for the Metro Line 3 car-shed ramp at Aarey Colony, would result in the halting of a public project that had already begun. As a result, the court observed that-–
“We modify the previous order and allow MMRCL to act in compliance of tree authority decision of March 15, 2023 and fell 177 trees. MMRCL shall deposit 10 lakhs to the Chief Conservator of Forests and the conservator should ensure all afforestation as directed is completed. We request the director of IIT Bombay to depute a team for the purpose of verifying compliance. The report should be submitted in 3 weeks.”
It is essential to be noted here that till date, 2,144 trees have been felled at Aarey for the car shed while 212 trees were felled for the ramp.
Background of the case
The Court was hearing a suo-motu plea against the construction of a metro car shed as part of the Mumbai Metro Rail project in the Aarey area, which is one of the city’s major green lungs. On October 7, 2019, the Court ordered the Maharashtra government not to cut any more trees in Aarey and to maintain the status quo. Nonetheless, the court allowed the MMRCL to pursue its February 2019 application for permission to fell 84 trees, reasoning that this was necessary for a shunting site/ramp, without which the overall metro project would be meaningless. The MMRCL, inspite of the order, had applied to cut down 185 trees.
A Public Interest Litigation (PIL) was then filed in the Bombay High Court after the superintendent of gardens and trees officer granted permission to fell 177 trees and transplant 53 trees on the condition that 1,533 trees be replanted.
On March 31, 2022, the Bombay High Court had restrained the Mumbai Metro Rail Corporation from felling 177 trees at AareyForest without the MMRCL seeking a clarification from the Supreme Court. A division bench comprising of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne had reasoned that the Tree Authority couldn’t have permitted MMRCL to cut 177 trees despite the Supreme Court allowing it to consider removal or non-removal of only 84 trees. The MMRCL had claimed that since their request before the Supreme Court was from the year 2019, many shrubs had grown into wild trees and they required to be axed.
The order of the Bombay HC can be read here.
The matter then reached apex court by way of the present application.
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