No tree can be cut for Metro car shed MMRCL has no power to demolish

The Mumbai Metro Rail Corporation Ltd was on Wednesday left red-faced after the Bombay High Court said the authority has no ‘statutory’ powers to demolish any structure for its Metro III project.

The court also directed MMRCL to not cut or fell any tree in Aarey Colony, where the car shed for Metro III is proposed, without seeking permission from the Tree Authority.

A division bench of Justice Abhay Oka and Justice Riyaz Chagla said, “Prima facie, MMRCL does not have statutory powers to demolish any structure coming in the way of its Metro III project.

MMRDA does have the powers to demolish structures, but it cannot proceed further without following the due process of law.”“We also make it clear that MMRCL and MMRDA cannot fell or cut any tree in Aarey Colony for constructing the car shed, without seeking permission from the Tree Authority,” Justice Oka added. This comes after five members of the tribal community residing in Aarey Colony moved the bench. The members had challenged the demolition notices served on them by MMRCL, asking them to vacate their hutments. A total of 302 hutments are at the site where MMRCL proposed to construct a car shed.

Having heard submissions of senior counsel Gayatri Singh, who is appearing for the hutments, the judges asked advocate GW Mattos to specify if MMRCL has powers to issue demolition notices and also to demolish any structure for its projects. After staunchly defending MMRCL and being grilled by Justice Oka on legal points, Mattos reluctantly accepted that MMRCL has no powers to demolish structures for its project.

During the course of the hearing, the judges were informed that some petitioners had been allotted alternate accommodation, but they had refused to accept the same.Posting the matter for further hearing on July 16, the judges directed MMRCL to place on record the letters of allotment.