Aarey forest: SC fines Mumbai metro for axing trees beyond permitted limit, but allows felling 177 trees

The top court, however, permitted the company to remove 177 trees from Aarey forest, saying a stay-on tree felling would lead to the public project being brought to a standstill which is not desirable
July 2022: AAP workers raise slogans during a protest as Maharashtra government decides to move the Metro-3 car shed back to Aarey Forest, in Mumbai. (File Photo | PTI)
July 2022: AAP workers raise slogans during a protest as Maharashtra government decides to move the Metro-3 car shed back to Aarey Forest, in Mumbai. (File Photo | PTI)

NEW DELHI: The Supreme Court on Monday imposed Rs 10 lakh fine on the Mumbai Metro Rail Corp (MMRCL) for trying to overreach the top court’s jurisdiction by approaching the Tree Authority for permission to fell 185 trees in Aarey forest as opposed to the court-sanctioned 84 trees. Following MMRCL’s request, the tree authority allowed felling of 177 trees. 

The bench led by Chief Justice of India D Y Chandrachud asked the corporation to deposit the fine to Chief Conservator of Forests. The money will be used for reforestation.  “You people think you can take Supreme Court for a ride? You moved us to cut 84 trees specifically. On Jan 2 you seek permission to 185 trees without moving us?” said the bench, while also criticising the Tree Authority for granting permission to cut 177 trees in violation of the SC’s order. 

“How could your clients have moved the Tree Authority anything in excess of 84 trees? If there is something in excess of 84, you should have come back. We would have granted that permission. Where is your application for felling 177 trees?” the CJI asked. 

The court, however, allowed cutting of 177 trees citing the larger public interest, saying it did not want to stop the ongoing work of a public project. Appearing for MMRCL, Solicitor General Tushar Mehta said his client had no intention to violate the SC order. He claimed it was done after a new assessment revealed many more trees needed to be chopped though the 2019 survey had assessed only 84 trees had to be felled for the project.

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