Aarey metro work: High court slams BMC for not setting up a tree authority

A division bench of chief justice Naresh Patil and justice Nitin Jamdar was hearing a plea filed by the Mumbai Metro Rail Corporation Limited (MMRCL), responsible for building the Metro line.

The Bombay high court on Tuesday pulled up the Brihamumbai Municipal Corporation (BMC) for not setting up a tree authority, five months after the court had first asked it to. The court asked BMC on October 24, 2018, to form the body with experts to monitor tree-felling to make space for a Metro car shed at Aarey Colony, a green lung in Mumbai’s suburbs. “It is a matter of great concern if projects of such magnitude are stalled for years or don’t start because of such reasons, when crores of rupees are lost...” the court said.

The Bombay high court on Tuesday pulled up the Brihamumbai Municipal Corporation (BMC) for not setting up a tree authority, five months after the court had first asked it to. (HT File Photo)

A division bench of chief justice Naresh Patil and justice Nitin Jamdar was hearing a plea filed by the Mumbai Metro Rail Corporation Limited (MMRCL), responsible for building the Metro line. Advocate general Ashutosh Kumbhakoni, representing MMRCL, sought permission to begin work on the car shed as the tree authority was not yet formed.

In response, senior advocate Anil Sakhare, representing the BMC, told the court that four experts have been shortlisted for the tree authority. Sakhare said authority had planned to incorporate the new members at a meeting on March 18, but this was adjourned to March 22 owing to the death of former Goa chief minister Manohar Parrikar.

Sakhare said on March 22, only two of the 14 member-corporators turned up for the meeting. This resulted in a half-an-hour adjournment, and when the meeting was called again the same day, only the chairman (the municipal commissioner) was present.

The court slammed the BMC for the delay and asked it to call a meeting of the tree authority immediately. It will hear the matter again on April 2.

The court also pointed out the need to amend laws to ensure speedy development. “Time has come to tune in laws to ensure speedy development, especially for projects of such nature,” the bench said. Construction of the car shed has been on hold since July 2017, after opposition to the cutting of trees inside Aarey Colony.

The same year, activist Zoru Bhathena filed a PIL in the court challenging the validity of a 2017 amendment to the Maharashra (Urban Areas) Protection and Preservation of Trees Act. The amendment gave special powers to the municipal commissioner to decide proposals seeking permission to remove, cut or transplant up to 25 trees. The PIL sought directions from the court to the BMC to form a tree authority. On Tuesday, MMRCL referred to this PIL in its complaint to the court.