SC stays tree-felling at Aarey till October 21, but 98% already cut

NEW DELHI/MUMBAI: The Supreme Court on Monday asked the Maharashtra government to stop cutting trees in Aarey Colony and directed it to maintain status quo till the next hearing on October 21.
But the damage — according to environmental groups — may have already been done with the Mumbai Metro Rail Corporation (MMRC) saying it has chopped down 2,141 trees since the Bombay high court gave it the go-ahead on Friday.That’s 98% of the 2,185 MMRC had sought to chop for the car shed of the Colaba-Seepz, Andheri, Metro 3. Another 461 are to be transplanted.
MMRCL made it clear that it would stop chopping trees, but continue with other works, including clearing of felled trees. It didn’t clarify if it included uprooting the stumps of the axed trees.
The apex court, after noting the assurance of the Maharashtra government that it would not cut any more trees, said: “As undertaken, status quo be maintained till the next date of hearing with respect to cutting of trees.” The SC said its forest bench would take up the matter for further hearing on October 21 and directed the state to file a report on how many trees it had cut in Aarey and the number of newly planted saplings with photographs by the next date of hearing.
The SC took suo motu cognisance of the Aarey case after a group of law students wrote a letter to Chief Justice Ranjan Gogoi to intervene on Sunday. Though the court is closed for a week due to Dasshera vacation, considering the importance of the issue, the CJI constituted a special bench of Justices Arun Mishra and Ashok Bhushan for hearing the case.
Trees began to be cut in Aarey from Friday evening, within hours of Bombay HC upholding the Tree Authority’s decision to allow the axing of the trees. It triggered widespread protests, and a police crackdown at Aarey, where prohibitory orders were imposed. Many activists were arrested, and 29 ended up in jail till they were granted bail on Sunday. According to Mumbai police, Section 144 was imposed at 6am on Sunday and will continue till 6am on Tuesday.
Senior advocates Sanjay Hegde and Gopal Shankarnarayanana, appearing for the students and other petitioners, told the court that the state government started cutting trees from October 4 itself. They said two cases are pending before the apex court on whether the area is a forest land and if it falls within eco-sensitive zones.
Placing the management plan for Sanjay Gandhi National Park of Borivli in Mumbai, which is part of the record in the pending case, they said some areas of the Aarey colony were transferred to revenue lands from un-classed forests and told the bench that the area under dispute is in the latter category. The court asked if there was any notification issued by any authority that the area is within the definition of forest land or part of eco-sensitive zones to help decide the nature of the land.
Solicitor general Tushar Mehta, appearing for Maharashtra, told the bench that neither he nor the petitioners have all the relevant documents and assured that the state will not proceed further to cut trees. He said compulsory forestation has been done by the state and more than 20,000 trees with GPS-tagging were planted in SGNP and their surviving rate is 95%. He added that the people arrested while protesting against cutting of trees have been released.
The state has to present a report on how many trees it had cut in Aarey and the number of newly planted saplings with their photographs by the next date of hearing. The SC also directed that if any person, arrested during protest continues in detention, he/she is to be released forthwith.
The court noted that Mehta’s assurance is quite fair. “It is stated by him that the incumbents who have been arrested have been released. It is further submitted that in case anybody has not been released so far, he/she be released immediately on furnishing personal bond. Let the statement made be carried out in pith and substance,” the bench said.
After the ruling, an MMRCL spokesperson said: “Following the decision of the hon’ble high court on 4/10/19 upholding the permission of the Tree Authority, the felling of 2,185 trees was undertaken on October 4 and 5, 2019, and as on date, 2,141 trees have been felled. These will be cleared from the site and subsequent construction activities will be carried out.” He added that MMRCL has planted 23,846 trees and additionally distributed 25,000 saplings as part of its green initiatives.
Work on the Metro 3 project has been delayed by over six months on account of impediments, including legal issues, the spokesperson said. But MMRCL still expects to stick to its December 2021 deadline.