[PIL Against Felling of 177 Trees At Aarey] Bombay High Court Asks Parties To Approach Supreme Court

In a recent development, the Bombay High Court has suggested that parties involved In the PIL filed challenging the felling of 177 trees at Aarey for the Mumbai Metro Rail project's car depot should approach the Supreme Court.

The High Court's division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne noted that the Supreme Court had passed an order in November 2022 in a suo motu petition, which was still pending.

The Tree Authority of the Brihanmumbai Municipal Corporation (BMC) had also issued a public notice calling for objections, and the court advised the petitioner, activist Zoru Bhathena, to raise objections before the Tree Authority. Bhathena had filed a public interest litigation (PIL) alleging that the Tree Authority's notice violated the Supreme Court's order allowing the felling of 84 trees for the project.

The court suggested that Bhathena could approach the Supreme Court for clarification, as the interpretation of the order was at the crux of the issue. However, the court could not intervene in a matter sub judice before the Supreme Court.

The court disposed of the PIL while observing that it was for the parties involved to take appropriate steps.

During the earlier hearings, the Mumbai Metro Rail Corporation Limited (MMRCL) raised concerns before the court regarding the issues caused by the delays resulting from legal cases pertaining to the construction of the car depot at Aarey.

The MMRCL indicated that as a result of these delays, more trees may need to be cut down for the car depot's construction since many plants and saplings have matured into trees during the pending legal matters.

Senior Advocate Ashutosh Kumbhakoni, representing MMRCL had informed the court that the initial application was for the felling of 84 trees, but due to the passage of time, the land now has a larger number of trees that have grown on it.

The PIL claimed that the notice was based on an application by MMRCL, which was filed after a Supreme Court order in November 2022, allowing the corporation to request the felling of only 84 trees for the project.