Metro car shed in Aarey: Delay causing a daily loss of ₹5.87 crore, MMRCL tells HC

Mumbai: The delay in construction of the ramp for the metro car shed in Aarey Colony is causing a daily loss of ₹5

Mumbai: The delay in construction of the ramp for the metro car shed in Aarey Colony is causing a daily loss of ₹5.87 crore and leading to cost escalation, the Mumbai Metro Rail Corporation Limited (MMRCL) has claimed in its affidavit in Bombay high court.

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The MMRCL said this in response to a public interest litigation (PIL) opposing the Tree Authority’s notice to cut 177 trees for the construction of the ramp. The nodal agency has stated that the Tree Authority notice included trees that had grown since it had approached the Supreme Court in 2019 and hence the removal of those trees was necessitated along with the 84 trees it had sought to cut.

The BMC also submitted an affidavit on behalf of its Tree Authority, justifying the notice to cut 177 trees.

The division bench of acting chief justice SV Gangapurwala and justice SV Marne which was hearing the public interest litigation filed by environment activist Zoru Bathena was informed by advocate Zaman Ali that the PIL challenged the January 12 notice issued by the Tree Authority following an application by MMRCL to cut 177 trees.

The PIL stated that the notice was in breach of the SC order. In November 2022 the SC allowed MMRCL to pursue its plea for felling only 84 trees for the Metro project with the Tree Authority.

The MMRCL affidavit filed by Charuhas Jadhav, chief project manager stated that the last survey pertaining to the application for removing trees was carried out in March 2019. Since then, a period of three years and ten months has passed and four monsoon seasons have seen additional tree growth, hence the said trees now fall within the said definition of trees to be removed.

The affidavit further added that an inventory of 185 affected trees was forwarded and as per preliminary assessment, out of the existing affected 171 trees, about 47 trees could be transplanted 124 trees were proposed for cutting.

“It appears the Tree Authority considered the compliances made by the MMRCL and thereafter published impugned public notice calling for suggestions and objections,” the MMRCL affidavit stated and added that the petition was misconceived and hence should be dismissed.

Senior advocate Ashutosh Kumbhakoni and advocate Akshay Shinde for MMRCL submitted that “The plants have grown into bigger trees. We have been directed to clean and shave the place. We are not increasing the area by an inch. There cannot be any grievance.”

Senior advocate Aspi Chinoy and advocate Joel Carlos submitted the BMC affidavit filed through Sunil Rathod, deputy superintendent of gardens. The affidavit stated that the inclusion of 101 newly grown trees in the MMRCL’s updated proposal of 2023 did not violate the Supreme Court order of November 2022 and sought dismissal of the plea.

However, Ali argued that MMRCL could have informed the same to Apex Court and sought directions for the inclusion of additional trees. The bench took the affidavits on record and posted the PIL for further hearing on February 23.