Mumbai: The Supreme Court on Monday permitted Mumbai Metro Rail Corporation Ltd (MMRCL) to raise with the relevant authority its plea for felling 84 trees at Mumbai's Aarey Colony for constructing train ramps at its car shed project.
A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha took note of the submissions of Solicitor General Tushar Mehta, appearing for the Mumbai Metro, that the felling of 84 trees was needed for constructing ramps for the trains at the car shed.
The court observed that in projects involving huge public funds, the court can not be "oblivious of the serious repercussions if the public investment which goes into the project is disregarded". "Undoubtedly, the concerns relating to the environment are important, as all development must be sustainable," the court added.
The apex court said that the Maharashtra government's decision to restore the location of the car shed from its earlier decision of relocating it to Kanjumarg was based on relevant considerations and it will be "impossible" for the court to stay the decision at an interim stage.
During the hearing, Solicitor General, Tushar Mehta appearing for MMRCL argued that 95% of work is done, 23,000 crores is invested and now the delay is just increasing the cost which has reached 37,000 crores.
Highlighting the importance of the project, the SG argued that it will be beneficial for 13.87 lakh people and reduce the emission of carbon dioxide, carbon monoxide, and save lives lost every day due to overcrowding of trains. Adv Rukmini Bobde argued that Aarey is not even a "forest land" and NGT has dismissed various applications filed in relation to the region.
"The tree authority must process our application. They might refuse it but they should process it. They have directed us to plant three times, and we have planted 6 times. 97% survival rate, we are even looking at samples so that they grow," argued Bobde. She pointed out that MoEF has also excluded from classifying the region and there is film city, residential complex and slums near the Aarey colony.
MMRCL application was opposed by Advocate Anitya Shenoy contending that 67% of transplanted trees have died and the reversal is dangerous. Advocate Chander Uday Singh argued that for the car-shed no construction has taken place and the rise in cost that is being attributed to the delay in the project has nothing to do with the delay but market factors.
He also argued that Kanjurmarg is more suitable for the project. After hearing the matter for around 3 hours, the court allowed MMRCL to raise with the relevant authority its plea for felling 84 trees.
