VidhiSangh

Supreme Court of India · 29/11/2022

IN RE FELLING OF TREES IN AAREY FOREST (MAHARASHTRA) versus IN RE FELLING OF TREES IN AAREY FOREST (MAHARASHTRA)

[2022] 14 S.C.R. 435 · 2022 INSC 1235

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Summary

In the suo motu proceedings on tree felling for the Mumbai Metro Line-3 car depot at Aarey, a 2019 status quo had stopped further felling. By then about 2,144 trees had been cut for the depot and 212 for the ramp. Maharashtra had decided in 2021 to shift the depot to Kanjurmarg, but reversed that in July 2022 after the Union Ministry flagged operational problems and noted that the Kanjurmarg land was under litigation. The metro corporation sought leave to apply to the Tree Authority to fell 84 more trees. The Supreme Court allowed it, stressing that development must be sustainable but that a project about 95% complete with large public investment cannot be ignored. It declined at the interim stage to stay the State's decision, and left the Tree Authority free to decide independently and impose conditions. Final hearing was fixed for 07.02.2023.

Issues

  1. Whether, pending final hearing, the Mumbai Metro Rail Corporation should be permitted to apply to the Tree Authority for felling 84 trees for the Aarey car depot, and whether the State's July 2022 decision to proceed at Aarey should be stayed.

Provisions considered

Held

Result

IAs in Suo Motu Writ (Civil) No. 2 of 2019 and the connected SLPs disposed of; the status quo order modified to permit the corporation to move the Tree Authority for felling 84 trees, the State being at liberty to proceed further; the batch listed for final hearing on 07.02.2023.

Judgment PDF: Supreme Court of India, [2022] 14 S.C.R. 435.