The Bombay High Court on Friday restrained the Mumbai Metro Rail Corporation Ltd from felling 177 trees in Aarey, Mumbai for the metro rail project till it sought clarification from the Supreme Court on its order permitting the MMRCL to approach local authorities for felling of trees.
The order was passed by the Division Bench of Acting Chief Justice S.V. Gangapurwala and Justice Sandeep Marne on a public interest litigation (PIL) by Zoru Bhathena, challenging the order of the tree authority of Brihanmumbai Municipal Corporation (BMC), which allowed felling of 177 trees.
The MMRCL argued that the Apex Court verdict permitted the felling of trees for clearing land for the shunting area.
Noting that the case was pending before the Supreme Court, which was likely to hear it on April 11, the High Court directed the MMRCL to approach the top court of the country and seek clarification on the tree authority’s order. It further stayed the felling of trees.
Senior Advocate Venkatesh Dhond, representing the petitioner, apprised the High Court that the Supreme Court had only allowed the parties to approach the concerned authorities for felling of 84 trees, and that there was otherwise a blanket embargo on the felling of trees.
Appearing for the Brihanmumbai Municipal Corporation (BMC), Senior Advocate Milind Sathe claimed that the tree authority order was in alignment with the Supreme Court verdict.
Kumbhakoni added that the Apex Court had permitted modification of the embargo only because this was an important public project and without cutting those trees, the project would come to a grinding halt.
However, the High Court expressed its apprehension in trying to ‘clarify’ or interpret an order of the Supreme Court, especially when the matter was pending before it.
Acknowledging the importance of the project in public interest and the need to maintain ecological balance, the High Court observed that a balance needed to be struck between sustainable development and ecology.
(Case title: Zoru Bhathena vs Tree Authority (BMC) & ors)