Supreme Court allows MMRCL to pursue its plea for felling 84 trees at Aarey with Tree Authority

The court said the Tree Authority will be at liberty to take an independent decision and impose such conditions as it deems necessary.

The court was hearing an application by the MMRCL urging it to modify its October 7, 2019 order by which it had directed status quo to be maintained at Aarey and stopped felling of trees.

The MMRCL pointed out that although it had moved an application before the Tree Authority seeking permission to fell the trees, no action was forthcoming on it yet due to the operation of the top court’s status quo order.

Allowing the request, the bench said, “The order of this court, which has the effect of directing the preservation of the status quo on the felling of trees, shall accordingly stand modified to the above extent thereby permitting the MMRCL to move the Tree Authority on its application for felling 84 trees.”

Those opposing the construction of the car shed at Aarey opposed the grant of any relief before their pending appeals against the project are decided by the apex court.

The Supreme Court, however, said, “Prima facie, there is a view of the Bombay High Court which held the permission for the felling of trees and the decision to locate the Metro car shed on the land at Aarey as valid.”

“In such projects involving large outlay of public funds, the court cannot be oblivious to the serious dislocation which would 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,” it said.

The court added that a substantial number of trees pertaining to the area which falls within the segment of the car depot and ramp have already been felled.

“As already noted earlier, 2,144 trees were felled in executing the work pertaining to the car depot while 212 trees were felled for executing the work relating to the ramp. What is now sought is a 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 which has already been completed would be of no consequence and would be ineffective. Hence, having due regard to the above circumstances, we have arrived at the conclusion that MMRCL should be permitted to pursue its application before the Tree Authority for permission to fell 84 trees for the purposes of the ramp. Tree Authority will be liberty free to impose such conditions as it deem necessary,” said the bench.

The court said it will hear the appeals against the plans to locate the car shed on Aarey land in the first week of February 2023.