Metro Projects: Mumbai Metro Rail Corporation Limited (MMRCL) – Aarey car depot for Metro Line – Court to consider as to whether it ought to permit the Tree Authority to decide application filed by MMRCL for felling of 84 trees or alternatively, whether no part of the Aarey car shed should be allowed to proceed pending the final disposal of the proceedings – Held: In projects involving large outlay of public funds, the Court cannot be oblivious to the serious dislocation which would be caused if the public investment which has gone into the project were to be disregarded – Considerations pertaining to environment are of concern because all development must be sustainable – Having regard to the entirety of the material before it, if the State Government has come to the conclusion that the original decision to allow the Metro car depot for Metro Line-3 be located at Aarey has to be restored, it would not be possible for the Court at the interim stage to stay the decision – Moreover, a substantial number of trees pertaining to the area which falls within the segment of the car shed and the ramp have already been felled – 2,144 trees were felled in executing the work pertaining to car depot, while, 212 trees were felled in connection with the work of the ramp – What is now sought is permission to apply to the Tree Authority for the felling of 84 trees pertaining to the ramp – Without a ramp the work which has already been completed would be of no consequence and would be wholly ineffective – Hence, having due regard to the circumstances, MMRCL should be permitted to pursue its application before the Tree Authority for the permission to fell 84 trees for the purpose of the ramp – However, the Tree Authority would be at liberty to take an independent decision on the application and determine what conditions, if any, should be imposed if it decides to grant its permission.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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