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Supreme Court of India 2023-04-17 partly_allowed

In Re: Felling of Trees in Aarey Forest (Maharashtra)

Bench: 3 — Dhananjaya Y Chandrachud, Pamidighantam Sri Narasimha, J B Pardiwala

In Brief

The Supreme Court addressed whether Mumbai Metro Rail Corporation Limited (MMRCL) could fell 177 trees when permission was granted for only 84 trees under the Court's order of 29 November 2022. The Superintendent of Gardens authorized felling 124 trees and transplanting 53 trees, prompting public interest litigation. The Court held that MMRCL improperly attempted to overreach the Court's jurisdiction and should have sought clarification if circumstances changed. The Court permitted the work to proceed under strict conditions: MMRCL must deposit ₹10 lakhs with the Conservator of Forests, ensure afforestation compliance, submit compliance reports, and allow independent verification by IIT Bombay. The application was partly allowed with penalties for MMRCL's conduct.

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