Aarey Metro Shed: Bombay HC Directed Petitioners To Approach Apex Court

The Bombay High Court recently suggested that petitioners who filed PILs challenging the removal of 177 trees at Aarey for the Mumbai Metro Rail project’s car depot should approach the Supreme Court.

A division bench of Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne noted that the Supreme Court had passed an order in November 2022 in a suo motu petition, which was still pending.

The Brihanmumbai Municipal Corporation (BMC) Tree Authority had also issued a public notice seeking concerns, and the bench advised the petitioner, activist Zoru Bhathena, to raise objections with the Tree Authority.

Bhathena filed a public interest litigation (PIL) stating that the Tree Authority’s notification breached a Supreme Court judgement authorising the felling of 84 trees for the project.

The court suggested that Bhathena could approach the Supreme Court for clarification, as the interpretation of the order was at the crux of the issue. However, the court could not intervene in a matter sub judice before the Supreme Court.

The division bench dismissed the PIL, noting that it was up to the parties involved to take the necessary steps.

During previous sessions, the Mumbai Metro Rail Corporation Corporation Limited (MMRCL) expressed concerns to the court about the challenges caused by delays in the construction of the Aarey vehicle depot due to legal cases.

The MMRCL stated that as a result of the delays, additional trees may need to be cut down for the construction of the automobile depot because numerous plants and saplings had developed into trees during the pending legal proceedings.

Appearing for MMRCL, Senior advocate Ashutosh Kumbhakoni informed the bench that the initial application was for the felling of 84 trees, but that the area now has a larger number of trees that have grown on it due to the passage of time.

According to the PIL, the notification was based on an application made by MMRCL following a Supreme Court judgement in November 2022 that allowed the corporation to request the destruction of only 84 trees for the project.