SC allows Mumbai Metro to pursue application to cut 84 trees in Aarey

Case pertains to construction of Metro car shed on forest land in Aarey which adjoins Sanjay Gandhi National Park; next hearing likely in Feb 2023

The Supreme Court on Tuesday allowed Mumbai Metro to seek permission from the Tree Authority to cut down 84 trees for the metro car shed project.

The apex court modified its earlier order and allowed the Mumbai Metro Rail Corporation Ltd (MMRCL) to pursue its application before the Tree Authority. 

"The MMRCL should be permitted to pursue its application with the Tree Authority (under the civic body of Mumbai) for felling 84 trees," a bench consisting of Chief Justice of India D Y Chandrachud and Justice P S Narasimha said.

The next hearing is likely to be in February next year.

The case pertains to the construction of a Metro car shed on forest land in Aarey which adjoins the Sanjay Gandhi National Park. When the project was announced, citizens had come together to protest inside Aarey to persuade the government to shift the Metro car shed plan outside Aarey Colony to save biodiversity.

The court stressed on Tuesday that projects such as the Metro shed have public investments tied to them. “Undoubtedly, the concerns relating to the environment are important, as all development must be sustainable", the court said. 

The court said that 2,144 trees have already been cut and what remains now (84 trees) is in the space for the ramp to be built. 

Solicitor General of India, Tushar Mehta, appearing for the MMRCL, said that 95 per cent of the work is over and sought permission for cutting 84 trees.

"Serious prejudice would be caused to the public if the project is stopped because of 84 trees. As far as the trees are concerned, they will be transported or new trees will be planted,” he submitted.

He added that the alternative site at Kanjurmarg was no longer an option since crores of rupees were already invested in the project. 

Senior Advocate Chander Uday Singh, appearing for activists opposing the felling of trees in Aarey, said Rs 23,000 crore is the investment for the whole project and not just the car shed. 

He submitted that after the new government under Chief Minister Eknath Shinde took over on June 30, the first decision was to resume work at Aarey shed. He said expert committee reports suggested Kanjurmarg was a better site for the project. 

Advocate Rukhmini Bobde, making submissions for MMRCL, pointed out that the Ministry of Environment and Forest had excluded the disputed region from the eco-sensitive zone. 

In 2019, the Supreme Court had on its own taken up this matter when some law students sent a petition to the court against the cutting of trees for the construction of a metro car shed. 

Later that year, the Supreme Court ordered the status quo concerning the cutting of trees.

Former Chief Minister Uddhav Thackeray had shifted the project to a site in Kanjurmarg in 2019. Recently, this decision was overturned by CM Shinde and Deputy CM Fadnavis.