Legal

Supreme Court Orders Ban On Tree Felling In Mumbai’s Aarey Colony

In a significant development regarding the felling of trees in Mumbai’s Aarey Colony, the Supreme Court has directed the Brihanmumbai Municipal Corporation (BMC) to refrain from cutting down trees in the area without prior permission. This ruling follows the court’s suo motu cognizance of a 2019 letter from law student Rishabh Ranjan, who sought a ban on the tree-cutting activities in the colony.

Supreme Court’s Interim Decision

A bench comprising Justice Abhay S Oka and Justice Arvind Kumar issued the order after hearing the case. The court stated that the forest administration could process applications for tree felling but must seek permission from the court before proceeding with any action.

The court also inquired about the necessity of further tree-cutting in Aarey Colony. The Mumbai Metro Rail Corporation (MMRCL) informed the court that no proposal was pending to cut more trees in the area. The case will be heard again on March 5.

During the hearing, the petitioner’s lawyer alleged that despite the Supreme Court’s order, tree felling and land levelling work continued in Aarey Colony. However, MMRCL countered the claim, stating that it had not cut any trees in the area since October 2019.

Supreme Court’s Strong Stance

The case has a long history. On April 17, 2023, the Supreme Court reprimanded MMRCL for violating its order that only 84 trees could be cut. The court imposed a fine of Rs 10 lakh on the Mumbai Metro for cutting more trees than permitted. It also criticized MMRCL for seeking approval from the Tree Authority for additional tree cutting instead of coming to the court for further orders.

Although the court allowed the removal of 177 trees from Aarey Forest to accommodate the metro project, it made it clear that further felling would stall the public infrastructure project.

Protests And Legal Challenges

The tree-cutting activities have sparked protests from green activists and residents who oppose the destruction of the forest. The controversy escalated in 2019 when petitioners took the matter to the Bombay High Court, which ultimately refused to declare Aarey Colony a protected forest area. Despite ongoing disputes, the Supreme Court’s recent order provides a temporary respite for the trees in Aarey.

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Gopal Krishna

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