Aarey forest: SC pulls up Mumbai Metro for attempting to fell more trees, imposes Rs 10 lakh fine
Apr 17, 2023
New Delhi [India], April 17 : The Supreme Court on Monday slammed the Mumbai Metro Rail Corporation Ltd (MMRCL) for attempting to "overreach" the apex court order in the Aarey forest tree case and imposed a Rs 10 lakh fine on Mumbai Metro for seeking to fell more trees in violation of court's order.
A bench of Chief Justice of India DY Chandrachud and Justices PS Narasimha and JB Pardiwala said the amount has to be deposited with the Chief Conservator of Forests within two weeks.
The bench said it was improper on part of MMRCL to attempt felling more than the ordered limit of 84 trees for the Mumbai Metro Rail project in Aarey forest.
"MMRCL shall deposit Rs. 10 lakhs to the Chief Conservator of Forests and the Conservator should ensure all afforestation as directed is completed. The Conservator shall ensure that the planting of trees direction is followed," the bench said.
The apex court came down heavily on the MMRCL as it sought permission to fell more trees instead of 84 ordered by the top court earlier.
"You people think you can Supreme Court for a ride. You cannot overreach the court. The officer of MMRCL should also be sent to jail. Ask the CEO of MMRCL to be present in court," the CJI observed during the hearing.
The CJI further said that both the MMRCL and Brihanmumbai Municipal Corporation (BMC) were in contempt of the court.
The apex court, however, permitted the removal of 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.
The top court was hearing a plea seeking direction to stop the construction of a metro car shed under the project MMRCL in the Aarey forest area.
The MMRCL had earlier told the top court that no trees have been felled in Mumbai's Aarey colony after October 2019.
In 2019, the Supreme Court had asked the Maharashtra government to stop cutting trees in the Aarey forest area and directed it to maintain the status quo while hearing a suo moto PIL based on a letter written by a group of law students to the court against the felling of trees.
In October 2019, MMRCL started axing the trees after the Bombay High Court rejected a bunch of petitions filed by NGOs and activists against the tree felling. Resolved to save the trees, many protestors gathered at the site to raise their voice against the felling of trees. Later, more people joined the protestors near the Aarey colony area, where the Mumbai Police imposed Section 144, thereby banning unlawful assembly.
The protesters had been demanding the relocation of the bus depot, which is a part of the Metro III project.
