Case Note & Summary
The Supreme Court was hearing a clarification application filed by Mumbai Metro Rail Corporation Limited (MMRCL) regarding its order dated 29 November 2022. By that order, the Court had modified an earlier status quo order and permitted MMRCL to move the Tree Authority for felling 84 trees for the Metro Car Shed Land at Aarey Colony admeasuring approximately 33 hectares for Mumbai Metro Line-3. Subsequently, MMRCL initially moved an application on 19 December 2022 for permission to fell 84 trees, but on 2 January 2023 sought permission to cut 185 trees without moving the Court. The Deputy Superintendent of Gardens, after a joint inspection on 19 December 2022, sought compliance on certain aspects including a fresh survey and numbering of trees. On 12 January 2023, the Superintendent of Gardens issued a public notice indicating that 185 trees would be affected, of which 124 would be felled and 53 transplanted. Since the proposed action exceeded the 84 trees permitted by the Supreme Court, a public interest litigation was filed before the Bombay High Court. The Division Bench, by order dated 9 March 2023, observed that the petitioner had already raised objections before the Tree Authority and that it was for the Tree Authority to consider whether trees beyond 84 were shrubs or otherwise. On 15 March 2023, the Superintendent of Gardens and Tree Officer granted permission for felling 124 trees and transplanting 53 trees. MMRCL then sought clarification from the Supreme Court to implement this permission. The Court noted that the permission granted by the Tree Officer was for 177 trees (124 felling and 53 transplanting), which was in excess of the 84 trees permitted by its earlier order. The Court directed that the matter be listed for further hearing.
Headnote
A) Environmental Law - Tree Felling - Permission for Felling Trees - Mumbai Municipal Corporation Act, 1888, Tree Authority Rules - MMRCL sought clarification to implement permission granted by Tree Officer for felling 124 trees and transplanting 53 trees, exceeding the 84 trees permitted by Supreme Court order dated 29 November 2022 - Court held that the Tree Authority must consider whether trees beyond 84 are shrubs or otherwise, and MMRCL must comply with the earlier order - (Paras 1-6)
Issue of Consideration
Whether MMRCL can fell 177 trees (124 felling and 53 transplanting) for the Metro Car Shed at Aarey Colony when the Supreme Court's order dated 29 November 2022 permitted only 84 trees to be felled.
Final Decision
The Court directed that the matter be listed for further hearing. No final order was passed on the clarification application.
Law Points
- Tree felling permission
- Public interest litigation
- Status quo order
- Compliance with court order
- Tree Authority jurisdiction
