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Constitutional · Reportable judgment

In Re: Felling of Trees in Aarey Forest (Maharashtra) vs In Re: Felling of Trees in Aarey Forest (Maharashtra)

Court
Supreme Court of India
Date
17 April 2023
Case No.
Suo Moto Writ (Civil) No. 2 of 2019
Result
Disposed
Bench
D.Y. Chandrachud, Pamidighantam Sri Narasimha, J.B. Pardiwala
Citation
[2023] 6 S.C.R. 392 : 2023 INSC 381
Supreme Court Reports [2023] 6 S.C.R. 392 : 2023 INSC 381
Headnote

Environment – Felling of trees – By order dated 29.11.2022, MMRCL was permitted to move the Tree Authority on its application for felling of 84 trees – On 02.01.2023, MMRCL, however, sought permission to cut 185 trees, without moving Supreme Court – On 15.03.2023, the Superintendent of Gardens and Tree Officer granted permission for felling 124 trees and transplanting 53 trees, subject to the condition that 1533 trees would be planted on the property – The High Court held that propriety would require that trees shall not be felled in pursuance of the order dated 15.03.2023 until a clarification was sought from Supreme Court – Application for clarification filed in Supreme Court – Held: It was improper on the part of MMRCL to move the Tree Authority for the felling of any trees in excess of 84 trees – If circumstances had transpired which led to a variation in the number of trees to be cut, the only correct course of action would have been to move Supreme Court – Now, any direction to stay permission granted on 15.03.2023 would bring the public project to a standstill – Therefore, the previous order is modified by permitting MMRCL to act in compliance with the order dated 15.03.2023 – However, it would be necessary to penalize MMRCL for its conduct – MMRCL directed to deposit an amount of Rs. 10 lakhs with the conservator of forests – Conservator of Forests to ensure all directions issued with regard to afforestation and for transplantation of trees are complied with and submit report – I.A. disposed of.

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.

Full Judgment Text

The Judgment of the Court was delivered by DR. DHANANJAYA Y CHANDRACHUD, CJI 1. Mumbai Metro Rail Corporation Limited1 seeks a clarification of the order of this Court dated 29 November 2022. By the order of this Court, MMRCL was permitted to move the Tree Authority for felling 84 trees. MMRCL submits that 177 trees have to be felled or, as the case may be, transplanted for the Metro Car Shed Land at Aarey Colony admeasuring approximately 33 hectares for Mumbai Metro Line-3. Permission is hence sought to implement the permission which has been granted on 15 March 2023 by the Superintendent o
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