SOCIETY FOR IMPROVEMENT Vs. TREE AUTHORITY

JUDGEMENT

(1.) The petitioner, who is stated to be an NGO, registered under the Maharashtra Public Trust Act, 1950, filed this PIL petition on 17 th March 2020 initially being aggrieved by a public notice dated 17 th February 2020 inviting objections and/or suggestions as per the provisions of sec. 8(3)(c) of the Maharashtra Urban Areas (Protection and Preservation) of Trees Act, 1975 (for short "the Trees Act") for execution of the Mumbai Coastal Road Project. The concern of the petitioner was in regard to the proposed felling of trees by the Municipal Corporation of Greater Mumbai (for short 'the MCGM') from Bhulabhai Desai Road and Tata Garden in the 'C' and 'D' Wards of the MCGM, which were about 61 in number out of 316 existing trees. The substantial prayers, as originally made, read thus: -

(2.) Almost after a period of more than a year, the petitioner sought leave to amend to incorporate a challenge to the final order dated 6 th January 2021 passed by the Tree Authority. The additional prayer as made by the petitioner reads thus:

(3.) The relevant facts are required to be noted: