Aarey Metro car shed: SC directs MMRCL to pay ₹10 lakh fine within 2 weeks for felling of trees beyond permission
- The SC in November last year had allowed MMRCL to pursue its application before the Tree Authority to cut 84 trees at Aarey forest for the metro car shed project.
The Supreme Court on 17 April has directed Mumbai Metro Rail Corporation Ltd (MMRCL) to pay ₹10 lakh fine within 2 weeks for felling of trees beyond permission.
However, the bench has permitted Mumbai Metro to remove 177 trees from Aarey forest, saying a stay on tree felling would lead to the public project being brought to a standstill which is not desirable.
A bench comprising Chief Justice D Y Chandrachud and Justices P S Narasimha and J B Pardiwala said it was improper on MMRCL part to move the tree authority for felling of any trees in excess of 84.
"We request the director of IIT Bombay to depute a team for the purpose of verifying compliance. A report should be submitted to this court in three weeks," it added.
Solicitor General Tushar Mehta said that there was no attempt to overreach the court and urged that instead of monetary penalty, reforestation of 3,000 trees can be directed.
During the hearing, CJI DY Chandrachud said, “MMRCL shall deposit 10 lakhs to the Chief Conservator of Forests and the conservator should ensure all afforestation as directed is completed. The conservator shall ensure that planting of trees direction is followed."
CJI added, "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 SC in November last year had allowed MMRCL to pursue its application before the Tree Authority to cut 84 trees at Aarey forest for the metro car shed project.
However, on March 15, the BMC commissioner granted permission to fell 177 trees. The MMRCL justified the increase in number of trees claiming the earlier application for felling 84 trees was of 2019 and over the years shrubs had grown into trees.
On 31 March, the Bombay High Court noted that "propriety" demanded the MMRCL not cut trees at Aarey Colony in the metropolis for a metro rail car-shed until it seeks clarification from the Supreme Court with regard to the number of trees to be felled.
A bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne was hearing a Public Interest Litigation (PIL) filed by activist Zoru Bathena challenging the permission granted by the city's municipal commissioner to MMRCL to fell 177 trees. Bathena claimed that, in 2022, the Supreme Court had allowed the MMRCL to cut only 84 trees
The apex court had in 2019 taken suo motu cognisance of a letter petition addressed to the Chief Justice of India by law student Rishav Ranjan seeking a stay on the felling of trees in the colony.
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Business NewsNewsIndiaAarey Metro car shed: SC directs MMRCL to pay ₹10 lakh fine within 2 weeks for felling of trees beyond permission
First Published:17 Apr 2023, 03:23 PM IST
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