Thread by @lawbarandbench

Bombay High Court grants time to BMC to respond to application filed by activist challenging the public notice issued by the Tree Authority of Mumbai for felling of 177 trees in Aarey for Mumbai Metro Project.

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Sr Adv Aspi Chinoy: 84 trees which were sought to be felled are included in this, the additional trees are added after they grew in 2019.
Photographs exist of why they are different from other trees.

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Adv Zaman Ali: Whoever has to cut trees has to first approach SC.
A judgment has been passed to that effect
Concise summary is - what was only sought for this project was that MMRCL be permitted to fell 84 trees.
Exclusion of preservation is only for 84 trees.

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Ali: It is a settled position, we cannot intervene in that. It is void ab initio at the instance.

Court: We do not get that these are shrubs, these look like trees.

Ali: Shrubs will not get id numbers.

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Chinoy: MMRCL approached us to approach for these 84 treess. Apart from 84 trees, there are 80 odd trees which have to be considered in the interrugnum.
It is on that basis that the subsequent application was made.

Court: The order of SC was of 2022 and nothing in that shows the court that there are shrubs in the interrugnum.

Chinoy: What travelled there was the petition of 2019.

Court: The order is of SC, it is better you get clairifcation from SC.
Also, MMRCL is not made party, they have to clarify what they will do.

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Order: according to Sr Adv, the permission by SC, in was in respect of 84 trees, they are part of 177 trees for which public notice has been issued. After 2019, some shrubs and trees have grown up and these were not part of original proceedings of SC.

Order: Bmc seeks gime to file affidavit.
Counsel seeks time to add MMRCL as party. leave granted.

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