Move to cut over 2,600 trees in Aarey challenged before Bombay High Court

The Bombay High Court has been moved challenging the resolution of the Brihanmumbai Municipal Corporation (BMC) to allow felling of over 2,600 trees for a Metro car depot in the Aarey Milk Colony, adjoining suburban Goregaon, known as the green lung of the megacity..The plea is expected to come up for hearing before a Division Bench of Chief Justice Pradeep Nandrajog and Justice Bharati Dangre on Wednesday..On August 29, the Tree Authority of the Civic Body had passed the resolution for removal of around over 2,600 trees at Aarey, which included 2185 trees proposed to be cut and 461 trees proposed to be transplanted for a Metro car shed for the Colaba- Bandra- Seepz Metro line and other projects..Expressing their disappointment over the approval given for removing the trees, citizens and activists had earlier staged a protest across the city on August 30 and demanded the reversal of the decision..An environmental activist, Zoru Bathena has now challenged the proceedings of the meeting. The plea cites minutes of the meeting and claims that there are no reasons recorded as to why the objections raised by the citizens have been overruled by the authority. The plea also contends that the resolution was passed without receiving written inputs from all the trees experts. Further, it is contended that the resolution failed to record reasons as to why it differed from the experts’ opinion..The plea further argues that the resolution was passed by the Tree Authority was in violation of an earlier High Court order, wherein, the court had directed the BMC to ensure that the opinion of experts was taken into consideration while giving permission to fell trees for development projects..In its July 19 order, the High Court had directed the BMC to record the opinion of experts. Further, the authority was expected to decide on whether trees should be felled based on the scientific inputs of the experts..“If the scientific input is not even referred to in the decision making, then the purpose for which the expert members are included would be rendered meaningless,” the Court had observed,.The Tree authority of the civic body discharges its duties and performs its obligations under the Maharashtra (Urban Areas) Protection and Preservation of Trees Act (Commonly known as Tree Act), 1975. Current Tree Authority of BMC consists of 15 corporators of the civic body and 5 nominated tree experts..The petitioner claims the decision the authority on the proposed felling of the Aarey trees was arbitrary and against the relevant sections of the Tree Act. It is contended that the issues raised in the plea have a substantial impact on the environment in the city..“If the reliefs as prayed for are not granted, there will be widespread environmental damage to Mumbai city, which cannot be compensated in terms of money,” the petition states..In view of these submissions, petition prays for quashing of the resolution to cut the Aarey trees, after examining the legality and propriety of the decision..The petitioner also prays for an interim stay on decision of the civic body till the matter is decided by the High Court. Inter alia, the petitioner has requested that the Court call for papers and proceedings related to the Tree Authority’s resolution as recorded in the minutes of the meeting of August 29..Image taken from here.