Summary
The Mumbai Metro Rail Corporation, permitted by the Supreme Court's order of 29 November 2022 to approach the Tree Authority for felling 84 trees for the Metro car shed at Aarey Colony, instead obtained permission on 15 March 2023 to fell 124 and transplant 53 trees, and sought clarification after the Bombay High Court held that this exceeded the Court's order. The Supreme Court held that the Corporation had attempted to overreach its jurisdiction, the only proper course being an application to this Court, and penalised it, but declined to stay the permission since that would halt a public project after over 2000 trees had already been felled; compliance was permitted subject to a deposit of Rs. 10 lakhs, verification of afforestation, and an independent report by a team from IIT Bombay at the Corporation's cost.
Issues
- Whether a project proponent permitted by the Supreme Court to seek felling of a specified number of trees can obtain permission from the Tree Authority for a larger number without first moving the Court.
- Whether the permission granted in excess of the Court's order should be stayed or allowed to operate on conditions.
Provisions considered
- Article 32 (suo motu writ jurisdiction), Constitution of IndiaThe Court, in its continuing suo motu proceedings on felling of trees in Aarey, modified its earlier order to permit compliance with the Tree Authority's permission subject to directions securing afforestation and penalising the Corporation. (¶¶ 1, 8, 15)
Held
- When the order of 29 November 2022 modified the status quo only to the extent of permitting an application for felling 84 trees, propriety required that any excess be brought before this Court for modification; the Corporation's affidavit before the High Court showed it knew the order continued to operate yet sought to justify the larger application, which was an attempt to overreach the Court's jurisdiction. (¶¶ 8, 9, 10, 15)
- Staying the permission of 15 March 2023 would bring the public project to a standstill after substantial steps including felling of over 2000 trees, which is undesirable; the previous order is therefore modified to permit compliance, but the Corporation must be penalised for its conduct and afforestation compliance must be independently verified. (¶ 15)
Result
Application disposed of; MMRCL permitted to act on the Tree Authority's permission dated 15 March 2023 subject to depositing Rs. 10 lakhs with the Conservator of Forests within two weeks, the Conservator ensuring and reporting compliance with all afforestation and transplantation directions, and the Director of IIT Bombay being requested to depute a team to verify compliance and report within four weeks at MMRCL's cost.