2,141 trees cut in Aarey, says Mumbai Metro after SC stay

New Delhi, October 7

The Supreme Court on Monday restrained authorities from more green felling in Mumbai’s Aarey to set up a Metro car shed even as Mumbai Metro said 2,141 trees have been cut.

A special bench comprising Justices Arun Mishra and Ashok Bhushan said it would have to examine the entire thing and posted the matter for hearing on October 21 before its forest bench.

“Don’t cut anything now,” the bench said. The felling of trees is being opposed by green activists and locals.

Having cut all the trees it wanted to fell for the metro car shed in the Aarey Colony, Mumbai Metro Rail Corporation said it will abide by the Supreme Court and will not chop any more trees for the project in the city’s green lung.

The corporation is executing 33.5-km long Colaba-Speez Metro 3 and has already cut as much as 2,141 trees in the disputed site.

A special bench comprising justices Arun Mishra and Ashok Bhushan said it will have to examine the entire matter while hearing suo moto on the matter and posted the matter for hearing on October 21 by its forest bench.

“We respect the order of the Supreme Court. No further tree felling activity at the car shed site in Aarey Milk Colony,” MMRC tweeted.

“As on date 2,141 trees have been felled,” MMRC tweeted again.

The felling of trees is being opposed by green activists and local residents.

Other works, including clearing of logs of already felled trees, will continue at the site, it said further.

MMRCL said following the Bombay High Court order on October 4, upholding the permission of the tree authority of BMC, 2,185 trees were felled on October 4 and 5. 

A PIL by petitioners said, “As we write this letter to you Mumbai authorities continue to kill the lungs of Mumbai, ie, Aarey forest, by clearing of trees near Mithi river bank and according to news reports 1,500 trees have already been cleared by authorities.

“Not only this, but our friends are put in jail who were peacefully organising a vigil against acts of the Municipal Corporation of Greater Mumbai (MCGM) with Mumbai Metro Rail Corporation (MMRC) at the site.”

The apex court directed that if anybody is still under arrest for protesting against the cutting of trees, they should be released forthwith on furnishing of personal bonds.

During the hearing, the Maharashtra government told the bench that all those arrested for protesting against cutting of trees in Aarey had been released.

Solicitor General Tushar Mehta, appearing for the Maharashtra government, submitted that he was not aware of all records and assured the bench that nothing would be cut in Aarey till the case is decided.

The PIL petitioners told the bench that the Aarey forest was deemed an “unclassified forest” by the state government and felling of trees was illegal.

However, after perusing the notification issued by the Maharashtra government, the bench said the Aarey area is a no-development zone and not an eco-sensitive zone as claimed by the petitioner.

The apex court decided on Sunday to register as PIL a letter addressed to Chief Justice of India Ranjan Gogoi by law student Rishav Ranjan seeking a stay on cutting of trees.

A notice was posted on the Supreme Court website about holding the urgent hearing by constituting a special bench.

The student requested the Supreme Court “to exercise its epistolary jurisdiction to protect Aarey without getting into technicalities as there was no time for preparation of a proper appeal petition and cover the scars of these young activists who are responsible citizens standing for serious environmental concerns”.

It said that students had moved the apex court as the Bombay High Court rejected the bail plea of 29 activists who had participated in the “peaceful vigil: against the tree-felling and had been detained by Mumbai police.

The letter has alleged that the student-activists were abused and manhandled by the Mumbai police which has booked them for offences of ‘assault on a public servant to deter him from discharging his duty’ and ‘unlawful assembly’ under the IPC.

According to the letter, Aarey forest is located adjacent to the Sanjay Gandhi National Park and has five lakh trees.

The trees were proposed to be cut for Mumbai Metro-3 project and specifically for construction of a car shed, it said, adding that the high court refused to recognise Aarey as a forest or declare it as an ecologically-sensitive issue because of jurisdictional limits.

The police on Saturday imposed Section 144 of the Criminal Procedure Code in Aarey, restricting movement and gathering of groups, and cordoned off the area. PTI