IN RE: FELLING OF TREES IN AAREY FOREST (MAHARASHTRA) versus IN RE: FELLING OF TREES IN AAREY FOREST (MAHARASHTRA)

Citation: [2023] 6 S.C.R. 392 · Decided: 17-04-2023 · Supreme Court of India · Bench: D.Y. CHANDRACHUD · Disposal: Disposed off
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Judgment (excerpt)

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392
SUPREME COURT REPORTS
[2023] 6 S.C.R.
IN RE: FELLING OF TREES IN AAREY FOREST
(MAHARASHTRA)
IA No. 68608 of 2023
In
(Suo Moto Writ (Civil) No. 2 of 2019)
APRIL 17, 2023
[DR. DHANANJAYA Y CHANDRACHUD, CJI,
PAMIDIGHANTAM SRI NARASIMHA AND
J. B. PARDIWALA, JJ.]
Environment – Felling of trees – By order dated 29.11.2022,
MMRCL was permitted to move the Tree Authority on its application
for felling of 84 trees – On 02.01.2023, MMRCL, however, sought
permission to cut 185 trees, without moving Supreme Court – On
15.03.2023, the Superintendent of Gardens and Tree Officer granted
permission for felling 124 trees and transplanting 53 trees, subject
to the condition that 1533 trees would be planted on the property –
The High Court held that propriety would require that trees shall
not be felled in pursuance of the order dated 15.03.2023 until a
clarification was sought from Supreme Court – Application for
clarification filed in Supreme Court – Held: It was improper on the
part of MMRCL to move the Tree Authority for the felling of any
trees in excess of 84 trees – If circumstances had transpired which
led to a variation in the number of trees to be cut, the only correct
course of action would have been to move Supreme Court – Now,
any direction to stay permission granted on 15.03.2023 would bring
the public project to a standstill – Therefore, the previous order is
modified by permitting MMRCL to act in compliance with the order
dated 15.03.2023 – However, it would be necessary to penalize
MMRCL for its conduct – MMRCL directed to deposit an amount of
Rs. 10 lakhs with the conservator of forests – Conservator of Forests
to ensure all directions issued with regard to afforestation and for
transplantation of trees are complied with and submit report – I.A.
disposed of.
CIVIL ORIGINAL JURISDICTION: IA No. 68608 of 2023 in
Suo Moto Writ (Civil) No. 2 of 2019.
[2023] 6 S.C.R. 392
392
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Under Article 32 of The Constitution of India
By Courts Motion
Tushar Mehta, Shyam Divan, Gopal Sankaranarayan, Dhruv
Mehta, Maninder Singh, C.U. Singh, Sr. Advs., Chirag Shah,
Ms. Rukhmini Bobde, Ms. Soumya Priyadarshinee, Ankit Ambasta, Amit
Kumar Shrivastava, Amlaan Kumar, Vishal Prasad, Ms. Pooja Dhar,
Tushad Kakalia, Sudipto Sarkar, Ms. Aditi Gupta, Ashish Wad, Sandip
Patil, Sidharth Mahajan, Ajeyo Sharma, Shyam Agarwal, M/s. J S Wad
and Co, Siddharth Dharmadhikari, Aaditya Aniruddha Pande, Bharat
Bagla, Sourav Singh, Shree Pal Singh, Ms. Anitha Shenoy, Ms. Srishti
Agnihotri, Ms. Sanjana Thomas, Advs. for the Respondent.
The Judgment of the Court was delivered by
DR. DHANANJAYA Y CHANDRACHUD, CJI
1. Mumbai Metro Rail Corporation Limited1 seeks a clarification
of the order of this Court dated 29 November 2022. By the order of this
Court, MMRCL was permitted to move the Tree Authority for felling 84
trees. MMRCL submits that 177 trees have to be felled or, as the case
may be, transplanted for the Metro Car Shed Land at Aarey Colony
admeasuring approximately 33 hectares for Mumbai Metro Line-3.
Permission is hence sought to implement the permission which has been
granted on 15 March 2023 by the Superintendent of Gardens of the
Municipal Corporation of Greater Mumbai for felling 124 trees and
transplanting 53 trees.
2. By the order of this Court dated 29 November 2022, an earlier
order directing the preservation of the status quo on felling trees was
modified, so as to permit MMRCL to move the Tree Authority on its
application for felling 84 trees. Following the order of this Court, an
application was initially moved on 19 December 2022 for permission to
fell 84 trees. On 2 January 2023, MMRCL, however, sought permission
to cut 185 trees, without moving this Court.
3. By a communication dated 20 December 2022, the Deputy
Superintendent of Gardens intimated the Deputy General Manager
(Depot) of MMRCL that the site was jointly inspected by his staff, together
with the representatives of MMRCL on 19 December 2022. Following
1 “MMRCL”
IN RE: FELLING OF TREES IN AAREY FOREST (MAHARASHTRA)
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SUPREME COURT REPORTS
[2023] 6 S.C.R.
the inspection, the Deputy Superintendent of Gardens sought compliance
on the following aspects:
“1. Submit updated proposal for the current status of trees as per
a fresh survey.
2. Mention missing/dead/fallen trees and also any new addition to
the list of affected trees as a long period has lapsed since the last
survey.
3. Number all such trees on the sites with black and w
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