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HC vacates stay on construction of metro 3 between Colaba and Seepz

Around 5,000 tress are required to be cut for construction of underground Metro stations

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The Bombay High court on Friday vacated the stay imposed by it on the construction of Metro 3 rail between Colaba and Seepz, thus allowing felling of trees for building stations.

A division bench of Chief Justice Manjula Chellur and Justice G S Kulkarni said, "A balance on both sides namely environment on one hand and development of metro rail on the other has to be adopted. It cannot be overlooked that once functional, Metro rail 3 would also contribute to creating better environment."

The court had earlier banned until further orders the cutting of any tree for the construction of Metro 3 line between Colaba to Seepz. Around 5,000 tress are said to be cut for construction of the underground metro stations.

The court accepted the undertaking by the Mumbai Metro Rail Corporation that it would plant trees that are cut for constructing the Metro stations, at the same place if possible after completion of the construction or in the nearby vicinity. The same variety of trees would be planted and maintained for a period of three years.

The petitioners have decided to approach the Supreme Court.

A 76-year-old Churchgate resident Nina Verma, who resides on Jamshedji Tata Road, in her petition had moved the court claiming that authorities were trying to cut a fully-grown tree outside the window of her residence. She said when she tried to stop them, she was told that cutting of trees had been sanctioned by the government.

The Bench rejecting the stand of the petitioners said, "The approach we intend to adopt is to bring about a balance in the protection of environment and the development in question so that a situation of prosperity on both counts can be achieved. If a harsh stand as canvassed by petitioner is accepted, then it would be impossible to have any development for the betterment of citizens residing in metropolitan city. "

The court has appointed Maharashtra State Legal Services Authority and Deputy Registrar to oversee the compliance of re-plantation; transplantation of trees. Compliance reports have to be submitted monthly to a committee of two judges.

The bench while vacating the stay also noted that far-reaching benefits of Metro rail have been provided in cities like Kolkata, New Delhi and Bangalore. "We are satisfied with the approach of MMRCL in this regard and the undertaking which they have given, in declining to grant interim relief," the Bench said.

The petition stated that on enquiries it was found that the Tree Authority of BMC had sanctioned cutting of 51 trees in Churchgate area, transplanting of 47 trees by an order of January 5. The order 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. 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 five 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 1,072 trees will be replanted. However, the MMRCL has now sought cutting of 1,331 trees and transplanting of 3,681 trees. The transplantation of trees will be done at Wadala.

The petition prays the court to 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.

The court has for ten days stayed its order to allow the petitioner to appeal. It has posted the plea for final hearing in July.

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