SC refuses to stay Mumbai metro car shed project
The SC asks BMC to submit a report on the number of trees cut, afforestration and transplantation being carried out in lieu of felling of trees at Mumbai’s prominent green lung
NEW DELHI: There is no stay on the construction of the Mumbai Metro car shed at Aarey Colony, the Supreme Court said on Monday, clarifying that it’s status quo order is applicable only on felling of trees there.
The top court asked the Brihanmumbai Municipal Corporation (BMC) to submit a report on the number of trees cut, afforestation and trans-plantation being carried out in place of felling of trees at Mumbai’s prominent green lung.
A bench of justices Arun Mishra and Deepak Gupta was assured by Solicitor General Tushar Mehta, appearing for the BMC, that no further felling of tree is being done in Aarey colony and complete status quo is being maintained following the apex court’s last order.
The top court asked the BMC to submit a status report on the activities proposed in the Aarey forest area.
NEW DELHI: There is no stay on the construction of the Mumbai Metro car shed at Aarey Colony, the Supreme Court said on Monday, clarifying that its status quo order is applicable only on felling of trees there.
The top court asked the Brihanmumbai Municipal Corporation (BMC) to submit a report on the number of trees cut, afforestration and transplantation being carried out in lieu of felling of trees at Mumbai's prominent green lung.
A bench of justices Arun Mishra and Deepak Gupta was assured by Solicitor General Tushar Mehta, appearing for the BMC, that no further felling of tree is being done in Aarey colony and complete status quo is being maintained following the apex court's last order.
A counsel, appearing for the PIL petitioners seeking stay on felling of trees, alleged that in the garb of clearing of trees from the area, the construction work for the project is going on.
"There is not stay on the metro car shed project. Our status quo order is with respect to felling of trees," the bench observed, adding that its interim order on stay on felling of trees would continue till further orders.
The top court asked the BMC to submit a status report on the activities proposed in the Aarey forest area.
"Tushar Mehta, Solicitor General appearing on behalf of the Municipal Corporation, Mumbai, has prayed for time to submit response to the petitions, which have been filed.
"We have requested the solicitor general to place on record as to what other activities are proposed in Aarey Forest Area, is there any project of construction of the building in the offing, or has been sanctioned", the bench said in its order. The top court also asked the Mumbai Metro to submit pictures of the afforestration, transplantation, measurement of girth and height of trees planted, and tree felling done in the area by November 15.
"We want everything in black and white," it said. The court said it has also requested Maninder Singh and Mukul Rohtagi, senior counsels appearing on behalf of Mumbai Metro to produce the photographs of the trees and number of surviving trees which were planted two years ago, the girth of the trees as well as their height. "The same shall be produced before the court by way of an affidavit. It shall also be clearly stated in the affidavit as to what is the survival rate of the transplanted trees and how many have survived till date. Let the figures be stated," it said.
Senior advocate Mukul Rohatagi, appearing for Mumbai Metro said they have transplanted over 5,000 of trees and assured the court that absolute status quo is being maintained with regard to felling of trees in the area. He rubbished the allegation that a colony is being constructed in the forest area and said that "there are no building projects".
"It is only a metro car shed project, which is coming up," Rohatagi said. Pointing out the importance of the metro network, he said the Delhi Metro carries over 60 lakh people everyday, which puts off seven lakh vehicles of the road and reduces carbon emission as well as pollution.
"There is so much of noise pollution in Delhi and also in the Supreme Court," the bench observed. Senior advocate Collin Gonsalves, appearing for one of the petitioners, said transplanted trees have very less survivability. To this, the bench said the Mumbai Metro will submit photographs showing girth and height of trees transplanted two years ago by it.