Don’t entertain petition seeking to declare Aarey a forest, State urges HC

Govt says a 2018 judgment ruled it was not part of SGNP

The state government on Thursday urged the Bombay high court (HC) not to entertain a public interest litigation seeking to declare Aarey Colony a protected forest, stating that the HC has already held that Aarey Colony is not a forest.

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Advocate general Ashutosh Kumbhakoni informed the division bench of chief justice Pradeep Nandrajog and justice Bharati Dangre that a bench led by justice Dharmadhikari had in October 2018 dismissed a petition challenging a provision in the development plan, earmarking a 33-hectare plot at Aarey Milk Colony for the construction of a car shed for Metro-3. The October 2018 judgment had held Aarey Milk Colony was not part of Sanjay Gandhi National Park and Kumbhakoni held that this decision was binding.

Kumbhakoni was responding to a petition filed by non-governmental organisation Vanashakti. He said Vanashakti’s arguments had been made before the bench led by justice Dharmadhikari and had been specifically rejected by that bench. He pointed out that the declaration was sought on the ground that Aarey Milk Colony acts as green cover for the city, a natural air purifier, and a floodplain when Mithi river overflows.

Kumbhakoni also said the bench had rejected the argument the government had brushed aside the expert committee’s recommendation to construct Metro car shed utilising salt plain lands at Kanjurmarg and chosen Aarey Milk Colony.

Urging the court to not entertain Vanashakti’s petition, Kumbhakoni added that the October 2018 judgement has been challenged before the Supreme Court (SC) and is pending adjudication. In April 2019, the SC had rejected a plea seeking direction to the state government to consider alternative sites, including the Kanjurmarg land, for the car shed.