Thread by @LiveLawIndia

Bombay High Court is hearing a PIL against permission granted to MMRCL to cut 177 trees at Aarey Colony for the Metro project by "fraudulently claiming the trees are dead and dangerous."

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Hearing before the bench of Acting CJ SV Gangapurwala and Sandeep Marne

During the morning sessions Senior Advocate Venkatesh Dhond for petitioner Zoru Bhathena made the following submissions.

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Dhond -

On Nov 29 SC permitted MMRCL to approach the tree authority for felling of 84 trees.

MMRCL makes a supplementary application for cutting additional 93 trees.

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Dhond

Subsequently public notice is issued saying permission is required for removal of dead and dangerous trees.

"They do this because under the Act if the tree is dead and dangerous permission will not be refused."

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Dhond

They fraudulently claimed the trees were dead or dangerous.

He says that in an earlier petition before the HC, they claimed that the additional trees that needed to be cut were shrubs that had grown.

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Sr Adv Milind Sathe for the Tree Authority said that SC's permission would be applicable to the area required for the metro work. Not the specific no. of trees.

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Sr. Adv Venkatesh Dhond's arguments continue.

He says that on Nov 29, 2022 permission was specifically for cutting 84 trees not more.

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Sr Adv Milind Sathe points out earlier orders of the SC wherein an assurance was given that only the trees that are required for the car shed work would be cut.

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Sathe - The application to the SC was for construction of the RAMP and everything that has to be done for its construction has to be considered.

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HC - The status quo order on felling of trees was relaxed to the extent of feeling 84 trees.

Sr Adv Sathe on the point the trees are dead and dangerous.

There is not one word in the petition or in the objections to the public notice about the trees being dead and dangerous. All this is only being said in the argument.

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Sr. Adv Ashutosh Kumbhakoni submits a map.

"Permission has already been granted to CLEAN SHAVE the green and yellow portion."

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Sr Adv Kumbhakoni - If permission is not granted to shave these remaining trees the entire project will be a non-starter. What is remaining is only 5% trees to be cut... After giving permission for cutting over 2k trees..

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Sr Adv Kumbhakoni - Reads portions of the SC order that public investment in the project cannot be taken for granted.

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Sr Adv Kumbhakoni states that no. of trees allowed to be cut by the SC was only incidental and not decisional

ACJ - So get the clarification from the SC.

Kumbhakoni - The order is CRySTAL CLEAR according to us.

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ACJ -The apex court by way of an interim order allowed you to appraoch the tree authority for 84 trees.. it will be for you to approach the SC... Today the Apex court says permission is for 84 trees. We understand your argument.

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J Marne - Can we say that the SC meant that even the 85th & 86th tree can be cut?

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Order

The present pet. is filed against the order of the tree authority permitting the MMRCL to cut 178 trees on March 15 , 2023.

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Order

From the sub. is appears that pursuant to the permission granted by the Apex court on Nov 29, 2022 in suo Motu writ, the R1 approached R2 seeking to fell the trees for its Metro Project at Aarey. The trees are to be felled for clearance of the shunting net area.

Order

The pet.'s claim that permission was sought from the apex court to fell 84 trees.

R2 claimed that there were many shrubs that had grown and application was made in Jan 2023 to fell 177 trees.

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Order

Permission was granted by R1 tree authority was to fell 177 trees.

The petitioner contends that the public notice issued by the tree authority before granting permission claimed that the trees were dead and dangerous ... which was misleading.

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Order

Tree Authority says that even though the title of the public notice said dead and dangerous trees the content shows the trees were not dead and dangerous.

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Order

There is no doubt the metro project involves public interest and public purpose. Balance has to be struck betn sustainable development and ecology.

The Hon'ble Apex Court is seized with the matter. We may reproduce para 22 & 23 of the Nov 29, 2022 order.

Order

In the order the Apex Court has clearly observed...felling to the extent of 84 trees. Regarding 84 trees Apex court has granted permission.

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Order

However the impugned permission is for 177 trees which is beyond 84 trees.

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Order

In light of that it will not be possible for this court to pass further orders permitting the R2 (MMRCL) to cut trees beyond 84. The Apex Court is seized with the matter and it is kept on April 11.

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Order

In light of that R2 may not proceed to fell the trees under the impuned permission beyond 84.

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Sr Adv Venkatesh Dhond says he will take out an IA because the SC hasn't granted any permission it has only asked them to approach the tree authority

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Dhond - Let me make my submission

ACJ - It will be a waste of time. SC has already granted permission

Sr Adv Dhond - The SC has only granted them permission to approach Tree Authority. That permission is....I haven't made submissions...

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Sr Adv Dhond - Ill agitate everything before the SC but these 84 trees will go. There is very little regard for the fact that these are trees.

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ACJ inaudible... And seek permission from the Apex Court

ACJ - Now according to him (MMRCL) also till all the trees are cut the project cannot move forward... WE HAVE NOT Granted Permission for Anything. We have said the Apex Court should clarify.

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