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Mumbai Metro: HC vacates stay on cutting of trees for Metro III project

The court said that it felt the MMRCL will be providing the Metro line for the benefit of lakhs of citizens

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The court has appointed Maharashtra State Legal Services Authority and Deputy Registrar to oversee the compliance of re-plantation and transplantation of trees that are cut down by the Metro authorities
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The Bombay High Court on Friday lifted its ban on the Mumbai metro from felling trees for its Metro III project between Colaba and Seepz.

A division bench comprising Chief Justice Manjulla Chellur and Justice G S Kulkarni vacated its February 9 order on an undertaking by the Mumbai Metro Rail Corporation Ltd that for every tree that is cut in south Mumbai, another one will be planted at the same spot after the 33-km Line III project is executed. . The trees would be maintained for a period of three years.

“Both sides (environmentalists and developers) need to strike a balance. It cannot be overlooked that once functional, Metro rail 3 would also help for better environment.”

The court had earlier stayed until further orders the cutting of any tree for the construction of Metro III line, between Colaba to Seepz.  5,000 trees will be cut for construction of the underground metro stations.

Nina Verma, a 76-year-old Churchgate resident who resides on Jamshedji Tata road, in her petition, had approached the High Court saying that the metro authorities were trying to cut a fully grown tree outside her residence window. When she tried to stop them it was told to her that tree cutting had been sanctioned by the government.

Rejecting the stand of the petitioners, the bench added, "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 balance on both counts can be achieved. If a harsh stance as sought by the petitioners is taken, then it would be impossible to achieve development. We feel the MMRCL will be providing the Metro line for the benefit of lakhs of citizens.”

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

The bench while vacating the stay also highlighted the benefits that the metro service has provided to cities such as Kolkata, New Delhi and Bengaluru. "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 33-kilometer Line III of the Mumbai Metro, also referred to as the Colaba?Bandra-SEEPZ line, is a part of the metro system which will connect Cuffe Parade business district in South Mumbai to SEEPZ in the north-central.

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