Thread by @barandbench

[Aarey forest tree felling matter]

CJI DY Chandrachud: You people think you can Supreme Court for a ride. You cannot overreach the court. Officer of MMRCL should also be sent to jail. Ask CEO of MMRCL to be present in court !

#SupremeCourtofIndia #aarey

CJI: how can the superintendent allow the felling of tress when there was a stay by this court. We allowed you to move tree authority for 84 trees felling.. but then you move the authority to fell 185 trees and they give the permission !! Without seeking our permission? both… twitter.com/i/web/status/1…

SG Tushar Mehta: the authority had asked us to conduct a fresh survey since last was in 84'. court was in holiday and before we could approach they moved the court

CJI: But how did your client move the tree authority for anything above than 84 when we permitted the same

SG:… twitter.com/i/web/status/1…

SG: Let me put all the compilation together, and let this be heard on another date.

CJI: now how many you want to remove.. instead of 84.. you want 177.. what will be done in terms of reforestation?

SG: 1500 will be re-planted.. there was lacuna on our part. but it was bona fide and intention was not to override your lordships

#SupremeCourt

Sr Adv Gopal Sankarnarayanan: they will have much to apologise for and complete fraud has been played upon this court. Let me show you the details .. #SupremeCourtOfIndia

CJI: We will give permission to fell the trees but we will note that since an attempt was made to overreach our orders we will impose a penalty of 10 lakhs

Justice PS Narasimha: we will ask conservator of forests to also look into the reforestation

#SupremeCourt

Justice Pardiwala: please make us understand what will they gain by chopping these trees? expand for this project or for another project?

SG: It is for the metro line..

Justice Pardiwala: please see what we are trying to say

Sr Adv CU Singh: I am appearing for Van Shakti..what is happening here is incremental.. it is based on complete falsehood.. they said earlier no survey so they did not know how many trees

CJI: but there was a survey in nov 2022... we cannot halt development projects Mr Singh

Singh: In March and July 2022 a detailed survey was done and they got permission for only trimming of the trees.. and another was to trim 96 trees and another was to trim 111 trees. #supremecourt

CJI: We will ask the environment dept of IIT Mumbai to supervise the process of afforestation. The conservator in coordination will see that actual afforestation is happening.

Singh: trimming permission was misused and trees were chopped off.

CJI: we have to ensure that public projects go through right

Singh: not when they are lying through their teeth milords ! #SupremeCourtOfIndia

Justice Narasimha: is it that all tree felling is unnecessary... ? we are not happy with the lapses.. that is why we thought of costs...

Singh: but in November they did not tell the court that there was no survey..

SG Mehta: we should have come before this court and there is lacuna but there was no attempt to overreach this court. I urge this finding not to be recorded.. instead of monetary penalty... reforestation of 3,000 trees can be directed.. this can serve a larger cause… twitter.com/i/web/status/1…

CJI: MMRCL was permitted to move the tree authority to fell 84 trees. MMRCL submits that the total number of trees to be felled for or transplanted would be a total of 177 trees located in metro car shed land in aarey colony measures 37 hectares.. consequently permission is… twitter.com/i/web/status/1…

CJI: After order of this court, an application was moved in Dec 2022 to fell 84 trees and in January MMRCL sought permission to fell 185 trees. Depot manager intimated MMRCL that the site was inspected together with MMRCL officers on Jan 19 and following inspection deputy… twitter.com/i/web/status/1…

CJI: A PIL was moved before the Bombay HC. HC division bench order vide March 9, 2023 was passed. On March 15 the superintendent of gardens and trees officer granted permission to fell 177 trees and transplant 53 trees subject to the condition that 1533 trees will be planted.… twitter.com/i/web/status/1…

CJI: HC held that thus no tree shall be felled in pursuance of march 15 order until clarification is sought from us.

CJI: At the outset the court must take notice of the fact that when the order dated 29 November 2022 was passed it was on a specific request by MMRCL that it be allowed to pursue tree authority to fell 84 trees. SC modified the earlier order of status quo. If the number of trees… twitter.com/i/web/status/1…

CJI: The above averments filed in the affidavit of MMRCL indicates that order of this court continue to operate and MMRCL sought to justify its application seeking to fell trees in excess of order granted by us and we are constrained to observe that MMRCL has made an attempt to… twitter.com/i/web/status/1…

CJI: in the IA for clarification it has been submitted that subsequent to the order of Nov 29, joint inspection took place on December 9 and four monsoons had lapsed since 2019. it was found during joint inspection that some trees had fallen and additional plants had grown and… twitter.com/i/web/status/1…

#BREAKING CJI: As we have already noted that it was improper on part of MMRCL to move tree authority to fell any trees in excess of 84 and instead correct course of action would have been to move this court. It would be necessary for us to PENALISE MMRCL for its conduct.

CJI: Staying the tree authority decision of March would lead to bringing a public project to a standstill as the project has already advanced. Thus we modify the previous order and allow MMRCL to act in compliance of tree authority decision of March 15, 2023 and fell 177 trees

#BREAKING CJI: MMRCL shall deposit 10 lakhs to the Chief Conservator of Forests and the conservator should ensure all afforestation as directed is completed. The conservator shall ensure that planting of trees direction is followed. #mumbaimetro

CJI: We request the director of IIT Bombay to depute a team for the purpose of verifying compliance. The report should be submitted in 3 weeks #SupremeCourtofIndia