IN RE: FELLING OF TREES IN AAREY FOREST (MAHARASHTRA) Vs. IN RE: FELLING OF TREES IN AAREY FOREST (MAHARASHTRA)

JUDGEMENT

(1.) Mumbai Metro Rail Corporation Limited[1] seeks a clarification of the order of this Court dtd. 29/11/2022. By the order of this Court, MMRCL was permitted to move the Tree Authority for felling 84 trees. MMRCL submits that 177 trees have to be felled or, as the case may be, transplanted for the Metro Car Shed Land at Aarey Colony admeasuring approximately 33 hectares for Mumbai Metro Line-3. Permission is hence sought to implement the permission which has been granted on 15/3/2023 by the Superintendent of Gardens of the Municipal Corporation of Greater Mumbai for felling 124 trees and transplanting 53 trees.

(2.) By the order of this Court dtd. 29/11/2022, an earlier order directing the preservation of the status quo on felling trees was modified, so as to permit MMRCL to move the Tree Authority on its application for felling 84 trees. Following the order of this Court, an application was initially moved on 19/12/2022 for permission to fell 84 trees. On 2/1/2023, MMRCL, however, sought permission to cut 185 trees, without moving this Court.

(3.) By a communication dtd. 20/12/2022, the Deputy Superintendent of Gardens intimated the Deputy General Manager (Depot) of MMRCL that the site was jointly inspected by his staff, together with the representatives of MMRCL on 19/12/2022. Following the inspection, the Deputy Superintendent of Gardens sought compliance on the following aspects: