Mumbai Metro Rail Corporation Ltd (MMRCL) was slammed today, on 17th April 2024, by Hon’ble Supreme Court of India for attempting to overreach the previously SC order in the Aarey Forest Tree Case and was incidentally fined with Rs. 10 Lakhs.
The Hon’ble Supreme Court of India has rebuked the Mumbai Metro Rail Corporation Ltd. (MMRCL) on surpassing the previous ordered limit to cut the trees in the Aarey Forest Tree Project and seeking permission from the Tree Authority to cut around 177 trees.
All about the Aarey Forest Tree Case
Back in November 2022, SC had ordered and allowed the MMRCL to pursue its application before Tree Authority for cutting 84 trees in the Aarey region for the construction of the “Metro Car Shed Project”. The Court further fixed the main pleas to be heard at the final hearing in February 2024.
The chopping down of Aarey Forest in Mumbai has been in the headlines since the commencement of the metro project. It has attracted a lot of heated arguments and discussions from all over Maharashtra. Let alone Mumbaikars, but many environmentalists and protesters too, have put up banners to save the Aarey Forest which not only acts as a home to a variety of fauna but is essential to fight the increasing menace of air pollution in Mumbai, which has recently surpassed Delhi, in being the most polluted city.
Contempt of Court by Overreaching
Hon’ble Bench comprising of CJI DY Chandrachud, Justice PS Narsimha and Justice JB Pardiwala slammed MMRCL for overreaching it’s November, 2022 order and acting in contempt of court by going ahead and seeking the permit for cutting 177 trees from Tree Authority instead. CJI Chandrachud while expressing his disapprobation on the matter, said, that the organization cannot take the court for a ride.
It was further noticed by the Bench that the averments presented in the affidavit of MMRCL were a clear indication of the fact that they knew about the continuance of the SC order and yet acted against the same. Instead, their course of action should have been to move to the court and acquire permission for the necessary changes.
Arguments presented by both the parties
Represented by Solicitor General of India Tushar Mehta, MMRCL pleaded that it was never their intention to overreach the order of the Hon’ble Court. It was a necessitated move, as the current survey befitted cutting of more trees in the Aarey region. It was a lacuna but it was surely bonafide.
It was further added by Senior Advocate CU Singh, that the argument on behalf of MMRCL, that there were no surveys done in the month of December 2022, is completely false, as a detailed survey was done in the month of March and July 2022 itself, based on which they got permission to merely trim the branches.
Final Verdict given by the Apex Court
The Supreme Court, on perusal of the case, believed that staying the Tree Authority’s decision given on March 15, 2024, would bring a public project to a standstill as the project is already in progress. Thus, the Hon’ble court modified the previous order and allowed MMRCL to comply with the decision given by Tree Authority on 15th March 2024 and chop off 177 trees. But as a move to penalise MMRCL, it further directed it to deposit Rs. 10 Lakhs to the Chief Conservatory of Forests and requested the director of IIT Bombay to verify the same by Deputing a team. The report for the same must be submitted within 3 weeks.
