Aarey: No stay on construction of metro car shed project, Supreme Court clarifies

The Supreme Court today clarified that there is no stay on the construction of the contentious metro car shed project in Mumbai’s Aarey forest, for which over 2,600 trees of the Colony were to be cut..The Special Bench of Justices Arun Mishra and Deepak Gupta clarified that the status quo which was ordered pertains only to further felling of trees and that the Court has not stopped construction activity for the controversial project..The Court has also extended the interim order on the maintenance of the status quo as regards the felling of trees till November 15, when the Court will hear the matter next. The authorities have also been directed to submit a report on the status of the trees transplanted. The Court has said,.” Mumbai Metro (BMRC) to produce the photographs of the trees and number of surviving trees which were planted two years ago, the girth of the trees as well as their height. The same shall be produced before the Court by way of an affidavit. It shall also be clearly stated in the affidavit as to what is the survival rate of the transplanted trees and how many have survived till date. Let the figures be stated.”.When the hearing began, the Court was informed by Senior Counsel Colin Gonsalves that reports suggest that many of the transplanted trees are not in good condition..Senior Counsel Mukul Rohatgi told the Court about the advantages of the metro car shed project stating that the streets of Delhi were cleared of lakhs of cars on account of an efficient metro project. Mumbai was in the need for the same, Rohatgi argued..Rohatgi further submitted that the only construction in the area will be that of the car shed and suggestions as regards other building projects are mere allegations..Solicitor General Tushar Mehta informed the Court that the Court’s order as regards the maintenance of the status quo has been followed. He also re-emphasized that whatever trees had to be cut for the project have already been cut..Senior Advocate Gopal Sankaranarayanan, appearing for the petitioners, requested an extension of interim protection which was allowed. The next date of hearing is November 15..After the Bombay High Court dismissed pleas challenging the removal of trees in Aarey, and thereafter refused to entertain an urgent request to stay the tree removal, the municipal authorities had begun clearing the trees in Aarey. It is reported that around 1,500 trees were cut in the first round. The activists protesting the move were detained by the Police..This had prompted a student delegation to write a letter to the Chief Justice of India Ranjan Gogoi to intervene in the matter. Treating the letter as a petition, a Special Bench was constituted to hear the matter during the Dussehra break..After hearing submissions on October 7, Bench of Justices Arun Mishra and Ashok Bhushan had ordered the State of Maharashtra not to cut any further trees in Aarey and maintain the status quo. The Court had also ordered that all the activists and protesters who were arrested or detained by the Police should be released immediately..[Read the Order]