Thread by @LiveLawIndia

Plea concerning felling of trees in #AareyForest heard by the #SupremeCourt

Sr Adv CU Singh: We have filed our counters. The BMC and MMRC have followed a common affidavit.

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CJI DY Chandrachud: BMC, we gave you permission to move the tree authority for felling 84 trees. On 19th Dec 2022, you sought permission to fell 84 trees. And in Jan you ask for 185 trees, in March the supreitendent fell more...

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CJI DY Chandrachud: How can you move for felling anymore trees in excess of 84 trees? You're in contempt of our order. You cannot go above the Court's order. The Superintendent should also go to jail.

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CJI DY Chandrachud: We lifted the status quo order specifically for 84 trees. You move in January for felling 185 trees? And the superintendent grants the permission. It's in contempt.

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SG Mehta: Yesterday I was also concerned. I have taken instructions. What has happened is, we have tendered an apology. Please see, because I also felt it.

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SG Mehta: What happened was, after your lordships order, when we approached the authority, the authority said that the last survey happened in 2019 based on which those 84 trees were to be felled. They said conduct new survey.

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CJI DY Chandrachud: How can your clients have moved the tree authority in excess of anything of 84 trees? If there was something in excess of 84, you should have come back to us. We would have granted permission subject to the hearing.

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CJI DY Chandrachud: So instead of 84, you want to remove 177. How many will you transplant?

SG Mehta: 53 trees.

CJI DY Chandrachud: How many will you plant for reforestation?

SG Mehta: 1533 trees.

SG Mehta: It is a lacuna but it was bonafide. The intention was not to overreach.

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SG Mehta: On 17th Feb, we placed everything as additional documents.

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Sr Adv Gopal Sankarnarayanan: They say here "don't read Supreme Court's order as a statute" and then they say that the number of trees is "incidental"- in a matter where the court suo moto cognisance...

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SG Mehta: There is no willful intentional.

CJI DY Chandrachud: What is the date of HC order?

SG Mehta: 9th March. The applicant hasn't cut a single tree, not even the 84 trees because we're before this court.

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SG Mehta: After 15 days we could have cut the trees, but we did not.

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CJI DY Chandrachud: But for this order of the HC you wouldn't have come here. You would have gone on merrily cutting the trees.

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SG Mehta: They have tendered an apology.

Sr Adv Sankarnarayanan: Once I'm done, there would be much more to apologise for and we'll see what fraud has been played on this court.

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CJI DY Chandrachud: We'll give you permission to fell these trees but we'll say that there was an attempt to overreach our authority and there would be a penalty on MMRC of Rs 10 lakhs.

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Sr Adv Sankarnarayanan: They numbered the trees in 2019. They said we're retaining these trees. Those trees- please see, tree no. 83 is recast as 1, 84 as 2, 85 as 3 and so on. Now see the map.

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Sr Adv Singh: They were to retain these trees.

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Sr Adv Sankarnarayanan: The map shows that the same number of trees have now come on the ramp and they want to cut it. Earlier they said the trees didn't fall in the project and now they renumbered those.

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Sr Adv Sankarnarayanan: The area has not changed. What has changed is their desire to cut more trees.

Justice Pardiwala: Make us understand, to what advantage will they stand if the trees are cut?

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Sr Adv Sankarnarayanan: They'll expand it.

Justice Pardiwala: They will expand for what purpose? For this project or a new project.

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Singh: It is based on complete falsehoods. They're saying that in Dec 2022 they didn't have survey so they couldn't tell how many trees were to be cut. In March and July 2022, a detailed survey was done and they got permission for only trimming of branches.

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Singh: On 19th July, they got permissions for trimming trees. The permission categorically says that on basis of survey these trees have to be trimmed.

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CJI DY Chandrachud: We will ask the Environmental department of IIT Mumbai to supervise the process of aforestation.

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Singh: They were misusing the permission of trimming and started chopping trees off.

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CJI DY Chandrachud: We have to let a public project go on.

Singh: Not when in the public project they're lying through their teeth.

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Justice Narasimha: Is it your case that felling of trees is not necessary for the project?

Singh: Yes, these trees are to necessary to be cut.

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Singh: They had a survey in April, May...if you carry out a survey yourself and you seek and get permission for trimming trees, how can you do this? The justification now given is we didn't do a survey. There was already a survey in the year 2022.

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SG Mehta: There was a road passing and because of vehicles, trees had to be trimmed. That is a different area, different land.

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SG Mehta: We're not gaining anything out of it.

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SG Mehta: Instead of paying money, your lordships can say you do reforestation. That serves the larger cause.

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CJI DY Chandrachud: By the order of this court, MMRCL was permitted to move tree authorities for felling 84 trees. MMRCL submits that total number of trees to be felled or transplanted would cover 177 trees.

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CJI DY Chandrachud: Consequently, permission is sought for the felling of 123 trees and transplanting 54 trees.

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CJI DY Chandrachud: An application was initially moved on 19th Dec 2022, for permission to fall 84 trees. However, in Jan MMRCL sought permission to cut 185 trees.

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CJI DY Chandrachud: On 15th March 2023, the Supreitendent granted permission for felling 124 trees and transplanting 54 trees subject to condition that 1533 trees would be planted.

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CJI DY Chandrachud: Another PIL was filed before the HC of Bombay. HC held that proprietary would require that no trees would be felled unless clarification was provided from this court.

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CJI DY Chandrachud: The number of trees required to be fell was in excess of the permission granted by this court. To move the tree authority, propriety requires that such an application should have been moved to this court.

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CJI DY Chandrachud: MMRCL has made an attempt to overreach this court's jurisdiction.

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CJI DY Chandrachud: It was improper on part of MMRCL to move the tree authority for felling of any trees in excess of 84. The only correct action would have been to move to this court. It is thus necessary for us to penalise MMRCL.

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CJI DY Chandrachud: Staying direction of tree authority would lead to public project being bought to a standstill and is not desirable. We modify the previous order by permitting MMRCL to act in compliance with order dated 15 March 2023.

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CJI DY Chandrachud: However it shall be subject to following -

1. MMRCL within a period of two weeks should provide an amount of 10 Lakhs to conservator of forests.

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CJI DY Chandrachud: 2. The conservator shall ensure that all afforestation which has been directed is completed.

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CJI DY Chandrachud: We request the director of IIT Bombay to depute a team for the purpose of verifying compliance. The report should be submitted to this court in three weeks.

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