Don’t cut any more trees: SC on Mumbai’s Aarey
Status quo till October 21
NEW DELHI: The Supreme Court on Monday restrained authorities from cutting any more trees in Mumbai’s Aarey to set up a Metro car shed.
A special bench comprising justices Arun Mishra and Ashok Bhushan said it will have to examine the entire thing and posted the matter for hearing on October 21 before its forest bench.
“Don’t cut anything now,” the bench said.
Green activists and local residents are opposing the felling of trees.
The apex court directed that if anybody is still under arrest for protesting the cutting of trees, they should be released immediately on furnishing of personal bonds.
During the hearing, the Maharashtra government told the bench that all those arrested for protesting against cutting of trees in Aarey had been released.
Solicitor General Tushar Mehta, appearing for the Maharashtra Government, submitted that he was not aware of all records and assured the bench that nothing would be cut in Aarey till the case is decided.
The apex court decided on Sunday to register as PIL a letter addressed to Chief Justice of India Ranjan Gogoi by law student Rishav Ranjan seeking a stay on cutting of trees.
India’s green cover has increased by 15,000 square kilometres, Union Environment Minister Prakash Javadekar said on Monday.
NEW DELHI/MUMBAI: The Supreme Court on Monday restrained authorities from cutting any more trees in Mumbai's Aarey colony for a Metro car shed but its order came amid an admission by the Maharashtra government that whatever was required to be cut has already been done.
The order for status quo was given by a bench specially constituted after the apex court took suo motu (on its own) cognisance of a letter petition addressed to Chief Justice of India Ranjan Gogoi by law student Rishav Ranjan seeking a stay on felling of trees in the colony. The apex court is on a week-long Dussehra break from Monday.
The Bombay High Court on October 4 refused to declare Aarey colony a forest and declined to quash the Mumbai municipal corporation's decision to allow felling of over 2,600 trees in the green zone to set up a Metro car shed. The felling of trees in the colony has been opposed by green activists and local residents.
The Mumbai Metro Rail Corporation (MMRCL) started cutting the trees from Friday night to make way for the car shed triggering angry protests, hours after the high court dismissed
four petitions filed by NGOS and activists challenging the decision.
As many as 29 protesters were arrested for allegedly obstructing and assaulting police personnel during the felling of trees. They were released from jail in the wee hours of Monday after being granted bail by a local court, officials said.
Solicitor General Tushar Mehta, appearing for Maharashtra and Mumbai's civic
body, told the special bench of Justices Arun Mishra and Ashok Bhushan that whatever was required to be cut for the Metro car shed has already been done and they would not fell any more trees.
"We will decide this. Do not cut more trees," the bench said, adding, "Do not cut anything now". It further said: "As undertaken, status quo be maintained till the next date of hearing with respect to cutting of trees." "Tushar Mehta, Solicitor General appearing for the state of Maharashtra, has stated that they are not going to cut any further trees till the next date of hearing. In the circumstances, the statement is quite fair," it said. The court said its forest bench would take up the matter for further hearing on October 21.
Opposition NCP leader Supriya Sule welcomed the apex court order but said what was worrying was the admission of the Maharashtra Government that the necessary number of trees have already been cut.
Shiv Sena said the court order is a "moral victory" for environmentalists.
Maneesha Kayande, spokesperson of the Sena, which is an ally of the ruling BJP but has been opposing tree felling in the city's green belt, said it was the government's "mistake" not to declare Aarey area as a forest and rued that nearly "2,100 trees" have been cut in two days.
The apex court said it would have to examine as to whether the entire Aarey area was a forest area or eco-sensitive zone and asked the authorities to place on record the relevant notifications and status of sampling of trees planted by them. Aarey forest is located adjacent to the Sanjay Gandhi National Park and has five lakh trees, according to the letter petition.
Senior advocate Gopal Sankaranarayanan, appearing for one of the petitioners before the Bombay High Court, said states are required to notify an area as forest as per an earlier direction of the apex court but Maharashtra has still not done so.
He said that Aarey forest was deemed as an 'unclassified forest' and felling of trees in the eco-sensitive zone there was illegal.