Case Note & Summary
The Supreme Court addressed multiple interim applications concerning the felling of trees in Aarey Forest, Maharashtra, related to the Metro Line-3 project. The litigation arose from concerns over environmental impacts and the legality of tree felling permissions granted by the Tree Authority. The Court noted that on 15 April 2019, it had declined to grant interim relief against tree felling, and on 7 October 2019, the State of Maharashtra assured that no further trees would be cut. By 5 August 2022, the Court was informed that no additional trees had been felled since the previous order. The applications included requests for permissions to fell trees for various segments of the Metro project, with MMRCL seeking to cut 84 trees for the shunting area. The Court reviewed the history of permissions granted, noting that 2,144 trees had already been cut for the car depot and 212 for the ramp. The Government of Maharashtra had previously accepted a committee's recommendation to realign the depot to Kanjurmarg but later reversed this decision, allowing work to proceed at Aarey. The Court considered the implications of public investment in the project and the ecological sensitivity of the area. Ultimately, it permitted MMRCL to apply to the Tree Authority for the felling of the 84 trees, clarifying that the Tree Authority could impose conditions on its decision. The Court scheduled the final hearing for 7 February 2023.
Headnote
A) Environmental Law - Tree Felling Permissions - Interim Relief - Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975 - Court permitted MMRCL to pursue application for felling 84 trees necessary for the ramp of the Metro project, emphasizing public interest and prior approvals for tree felling. Held that the Tree Authority retains discretion to impose conditions on the felling (Paras 22-23).
Issue of Consideration
Whether to permit the Tree Authority to decide on the application for felling 84 trees for the Metro project.
Final Decision
The Court permitted MMRCL to pursue its application before the Tree Authority for felling 84 trees, emphasizing the need for public interest and prior approvals. The Tree Authority was directed to make an independent decision on the application.
Law Points
- Environmental law
- Public interest
- Interim relief
- Tree felling permissions
- Urban development
