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Environmental activist Zoru Bhathena has moved the Bombay High Court against a notice issued by the Brihanmumbai Municipal Corporation’s Tree Authority that invited feedback on the plan to remove 177 trees at Aarey, describing it to be “in breach of a Supreme Court order”.
In his public interest litigation (PIL) petition seeking the quashing of the notice, Bhathena claimed on January 21 that the notice was issued on the basis of an application from the Mumbai Metro Rail Corporation Ltd (MMRCL).
Refusing to stay the Maharashtra government decision to allow a car depot for the metro’s Line 3 to be set up in the Aarey region, the apex court on November 29, 2022, let the MMRCL pursue its application before the Tree Authority for felling 84 trees to construct a ramp for the project.
Bhathena said he had urged the Authority to withdraw the January 12 notice, but it had refused to do so. He claimed that the November 2022 order of the Supreme Court applied only to the 84 trees.
“The notice dated January 12, 2023, issued by the Tree Authority is for the removal of 177 trees having a different set of tree ID numbers in comparison to the MMRCL’s application, which was for only 84 trees. The public notice was issued without any authority of law as it stands qua Aarey Forest,” the activist said.
“The public notice could not have been issued by the Tree Authority without the MMRCL having first taken appropriate liberty of the Supreme Court and hence the notice stands null and void,” he added.
Bhathena sought a direction to quash and set aside the notice and sought to stay its effect pending the hearing on his petition. The HC is likely to hear the matter on January 30.
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