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
- 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
- Tree Authority's power to permit felling, Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975The status quo order was modified to let the corporation pursue its pending application, the Tree Authority remaining free to decide independently and impose conditions. (¶¶ 5, 22, 23)
Held
- In projects with a large outlay of public funds the Court cannot ignore the dislocation of disregarding the investment made, though environmental concerns matter because development must be sustainable. (¶ 21)
- Given the Union Ministry's communication of 17.03.2022 on the operational drawbacks of a shared Kanjurmarg depot, the State's decision to restore the Aarey location could not be stayed at the interim stage. (¶¶ 9, 10, 21)
- Since most trees for the depot and ramp had already been felled and the completed work would be ineffective without the remaining segment, the corporation may pursue its application for 84 trees; the validity of the High Court judgments is left for final disposal. (¶¶ 16, 22, 23)
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.