Groups upset, but battle to declare Aarey ‘forest’ still on

MUMBAI: After the Bombay high court (HC) on Friday dismissed a bunch of petitions challenging the proposed construction of a car shed for the Mumbai Metro at Aarey Colony, Goregaon, petitioners and environment groups were left disappointed.

A bench of justices SC Dharamadhikari and PD Naik said they found no illegitimacies from the state government’s end to construct a shed across 33 hectares after petitioners had failed to prove the area in question was a forest or part of SGNP’S eco-sensitive zone. The bench, however, directed the Mumbai Metro Rail Corporation(mmrc)tofollowall environmental and legal norms for the construction and change in land use of the area.

“It is a setback for those trying to protect the city’s no-development zones. By changing the laws, the government is bringing legitimacy to the needless destruction of green zones . As a result, they are rendering the judiciary ineffective,” said Stalin

D, director, NGO Vanashakti.

The petitioners had challenged the Maharashtra government’s decision to change the land use of the 33 hectare area from a green zone to a land reserved for the metro car shed, and also sought for transferring the car depot construction from Aarey to Kanjurmarg (as originally proposed by the state).

“While the court might have dismissed the case, it does not mean that MMRC is allowed to build the car shed as there several cases yet to be heard,” said Amrita Bhattacharjee from Aarey Conservation Group, petitioner . “Under the current threat of climate change , we need to do

whatever is required to save our last green spaces.”

A senior counsel representing MMRC said, “After HC dismissed the challenge, now there are no orders operating against MMRC, and obstacles have reduced for the construction of the car shed.”

Zoru Bathena, another petitioner, said, “The outcome of this order will have repercussions for the entire city as other green zones can be opened up by changing the law.” Stalin said the order does not mean that tree-felling activity will be allowed at the car shed area. “Now, the main issue on whether Aarey is a forest, and whether it is part of the national park is yet to be decided,” he said.