The Court dismissed two Public Interest Litigations seeking directions to prevent tree removal in Aarey Colony for the Metro III Project. Holding that since no order had been passed by the Tree Authority, the petitions were premature and thus inappropriate for adjudication at that stage.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
PILL136/14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION (L) NO. 136 OF 2014
Arun George … Petitioner v/s The Municipal Corporation of Gr. Mumbai and others … Respondents
Mr Sandesh R. Shukla i/b Mr Abhay Nevagi and Associates for Petitioner. Ms T.H. Puranik for Respondent No.1 – BMC. Ms Kiran Bhagalia for Respondent – MMRDA. Mr Milind More, AGP for Respondent No.4 – State. Mr D.P. Singh for Respondent No.5 – Union of India.
WITH
PUBLIC INTEREST LITIGATION (L) NO.138 OF 2014
Vanshakti, a Public Trust and others … Petitioners v/s The Chairman, MMRDA and others … Respondents
Ms Gayatri Singh with Mr Zaman Ali for Petitioners. Ms Kiran Bhagalia for Respondent – MMRDA. Ms T.H. Puranik for Respondent – BMC. Ms Geeta R. Shastri, AGP for Respondent – State. Mr D.P. Singh for Respondent – Union of India.
CORAM: MOHIT S. SHAH, C. J. & B.P.COLABAWALLA, J.
DATE : 8 JANUARY 2015
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P.C.:
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Authority is appointed consisting of environmental members and learned members of the society.
“3. I state that the project will reduce traffic congestion (456,771 less vehicle trips) and will reduce road traffic along the corridor – 35 %. This will result in reduced fuel consumption of 243390 per day. It will also reduce air pollution (PM-133.5, Nox – 594.2, HC – 1328.8, CO – 4327.4, CO2 – 6800.2 tons/year). It will also reduce noise pollution. The project itself is thus tremendously beneficial to improve the travel conditions of Mumbai commuters in a safe
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and effective manner and reduce environmental pollution and alleviate insufferable traffic conditions having an overall impact of better life. I state that the transplantation and cutting of trees for car depot of Metro Line 3 is found to be unavoidable in an exhaustive feasility study.
stated that since Mumbai Metropolitan Region is one of the fast growing metropolitan regions in India, public transport systems are overcrowded and the road network is congested, to decongest the existing public transport systems and increase mobility across the region, MMRDA through MMRC has commissioned the service of Rail India Technology and Engineering Services (RITES) to prepare DPR and environmental / social impact assessment study for corridor of Colaba-Bandra-SEEPZ covering total length of 33.508 kms. for Metro III Project. It is necessary
to provide the car shed in the Aarey Milk Colony and to accommodate the same, the MMRDA has to cut 254 trees from out of 75 acres of land. The
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proposal was submitted to the Tree Authority on 10 November 2014 with details and drawings. Notices were published in various newspapers on 15 November 2014 inviting objections and suggestions, to be placed before the Tree Authority to decide whether the permission can be granted or not.
tree in Aarey Milk Colony without obtaining necessary legal clearance for the same. It is also stated that the rate of survival of transplanted trees with modern technology is high and therefore, hardly few trees are required to be cut.
CHIEF JUSTICE
B.P. COLABAWALLA,J.
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3 issues framed by the court
Whether PILs seeking directions not to remove trees in Aarey Colony for Metro III Project are maintainable as no order was passed by the Tree Authority.
Whether an Environmental Impact Assessment is mandatory for Metro Railway Line-3 projects under the EIA Notification 2006.
Whether the petitions regarding removal of trees for car shed construction on Metro III Project are premature.
2 provisions across 1 enactments
Arun George
The Municipal Corporation of Gr. Mumbai
MMRDA
MOHIT S. SHAH
B.P. COLABAWALLA
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
