HC dismisses...

It refused to accept the petitioner’s argument that the government had brought in the notification through a modification that changed the character of the city’s Development Plan — which had marked the area as a No Development Zone.

For the government to change how the 33-hectare green patch is used, it has to adhere to certain conditions — only native trees and those taller than 10 feet will be planted to make up for the trees that will be cut for the car shed; the trees can only be planted by a professional agency; and, there has to be a supervisory mechanism to ensure the newly planted trees are taken care of properly.

As these safeguards were in place already, the bench said it was not in a position to accept the petitioner’s contention that the state government had given a go-bye to the provisions of the Environment Protection Act, 1986, and the Forest Conservation Act, 1980. Bhattacharjee’s petition said Aarey Colony is a pristine area, covered with dense forests and lush green open spaces. She said this green cover, spread across 1,280 hectares, is a natural air purifier for Mumbai and helps clear toxins in the air.

Its open area soaks up water during the monsoon, replenishing the ground water level, she told the court.

Her petition said that an expert panel appointed by the state government had suggested shifting the proposed metro car shed to Kanjurmarg.

The same panel also said the metro car shed should be given only 20.82 hectares of land inside Aarey Colony if shifting it was impossible, and stringent measures should be undertaken to mitigate the environmental damage.

Bhattacharjee said two environmentalists on the six-member panel had refused to agree with the others and had maintained that the destruction of green cover at Aarey Colony must be prevented.

The HC rejected this argument too, saying the concern expressed by the environmentalists on the expert panel was care of by the mitigating measures the government has proposed. The court, however, clarified the state and civic body must follow these conditions, and not allow any activity that violates it.

It added that the government and the civic body can refuse permissions to develop the metro car shed if any condition is found to be flouted.