Bombay High Court to monitor if cutting of trees for Metro III is in line for building infra​structure​ or massacre of trees

The Bombay High Court on Friday restrained the Mumbai Metropolitan Regional Development Authority from cutting any trees for construction of the Metro III line between Colaba to Seepz for two more weeks. The court said it would have to see whether cutting of around 5 k trees is a massacre or mere hardship caused for construction of infrastructure.

A division bench of Chief Justice Manjula Chellur and Justice Girish Kulkarni said “Everyone has to remember what we are ​facing ​today is because of the harm done to the environment. Why are so many checks and
balances in place​?​ ​It’s to ensure that trees survive so that we can survive.”

The court made these observations after the MMRDA counsel Kiran Bhagalia argued before the court that proper study was carried outbefore the proposed metro line and the alignment as of today cannot be altered. To which the court said “Do you want a​ll ​the tree cover to go away, should our future generations go and live on another planet, where they will have disarranged faces and bodies, (read like aliens). Justice Chellur also remarked that if after 20 years she ​were to ​travel to Mumbai by a​ir,​ ​she ​would find no green cover​.​ 

Counsel Anil Sakhare and Advocate Trupti Puranik appearing for the Brihanmumbai Municipal Corporation filed an affidavit before the court detailing the procedure the tree authority follows in grant of permission to cut trees for projects. It states that 26 applications have been received by it to cut/transplant trees and of which 25 have been granted permissions.

The court gave the directions while hearing a public interest ​petition.​ 76-year-old Churchgate resident Nina Verma who resides on Jamshedji Tata road in her petition state​d​ that recently the authorities were trying to cut a fully grown tree outside her residence window​.​ ​When she tried to stop them​,​ ​she was told that ​the ​tree cutting had been sanctioned by the government. Verma and her friends persuaded the contractors to go away and they told them they would return next day with proper permissions.

The petition states that on inquires she found that​ the​ ​Tree ​Authority had sanctioned tree cutting of 51 trees in Churchgate area​ and​ transplanting of 47 trees by an order ​dated January 5. The order ​was ​passed by Tree
Authority of BMC on the request made by Mumbai Metro Rail Corporation Limited. Similar orders were passed for Cuffe Parade metro station and Hutatma Chowk metro station.

The petition also states it is learnt that sanctions for cutting over 5,000 trees at another 30 metro stations for laying the Metro 3 line have been issued. Construction activity has commenced in full swing at Cuffe Parade, more than 100 trees have already been hacked over few days. The plea also raises contention that the sanction for the Metro 3 line is received by the authorities based on the Environment Impact Final Report dated September 2012.

In which it is stated that only 5 trees will be affected in Churchgate and only four trees will be affected in Hutatma Chowk. The stations which will be underground will be built as per the cut and cover method. Moreover, the report says that 673 trees will be cut and 1072 trees will be replanted. However, the MMRCL has now sought cutting of 1331 trees and transplanting 3681 trees.

The petition prays that ​the ​court quash and set aside the sanction orders to cut the trees and direct authorities to not cut any trees pursuant to any sanctions granted by Tree Authority which is obtained by MMRCL.