Indore Metro Project: MP High Court Permits Tree Felling, But Directs Phased Cutting Under Bird Experts' Supervision

The Madhya Pradesh High Court has disposed of a public interest litigation seeking directions against the cutting of 150 trees for the Indore Metro Project, while issued comprehensive directions in the matter. [2026 LiveLaw (MP) 425]

The division bench of Justice Subodh Abhyankar and Justice Jai Kumar Pillai passed the following directions:

• We hereby direct the respondents not to cut all the trees at once or in any random manner, but they should do so only under the supervision and consultation with at least two ornithologist/bird experts who would advise them how to cut the trees or prune branches in a phased manner, over a period of time, because if all the trees are cut at once, it would certainly cause extreme distress and shock to the birds, from which they may never recover, however, by adopting a slow and systematic method of cutting trees and branches, the birds who come to roost may at least try to settle on to some other trees adjacent to the present site/area, which, even according to the petitioner, are still not inhabited by the birds.
• It is also directed that the bird experts shall also take into account the birds' nest, eggs, or baby birds in the nest on the branches while pruning the same. At the time of pruning the branches or cutting the trees, the wide life rescue team shall also be present on the site with nets and medical kits to help any injured birds or fallen babies.
• It is also directed that the respondents shall also ensure that the same type of trees is planted in the nearby area also, if the space is available, so that subsequently, by the time the project comes to completion, the trees may be available for the birds to roost.
• The respondents are also directed to comply with the undertaking given by them of planting 2500 trees. A report in this regard may also be submitted with the Registry of this court, within one year from today. The respondents are also directed to ensure that the trees so planted are also taken care of in the subsequent years, and the report of which along with the Google images be also filed in the Registry of this Court every year in the month of April.

The petitioner claimed that more than 150 trees would be required to be cut, destroying the nest of 1,000 birds, which is their only habitat in the city. An intervenor, Nature Volunteers' Society, also joined the PIL. 

The court, before hearing this petition, visited the site along with the parties and their counsels on September 29, 2026. The court had also directed Rail Corporation to file alternative plans in respect of other adjacent lands which could be acquired for the purposes of construction of the underground metro station. 

The counsel for the petitioner had also submitted that the said metro route, from Palasia to Railway Station, is curved rather than being a straight path, which is not explained.

The counsel for the Metro Corporation informed the Court that they were aware of the birds roosting in the area, but the route was drawn giving consideration to all the minute details for the construction. The corporation further submitted that it was not possible to relocate the Metro Station to some other place as no free land was available. 

The counsel for the Metro further submitted that due permission was taken from the Forest Department and that the construction would not violate the provisions of the Wildlife (Protection) Act, 1972. The corporation further added that the alignment of the metro station was already considered in an earlier petition, wherein the coordinate bench rejected the claim. 

The Corporation also submitted that the trees cut in the process would be replaced by 2500 trees as compensatory plantation. 

The court considered the submission and the previous writ petition and noted that passing any order would be transgressing the order already passed by the coordinate bench of this court in the earlier petition, Raj Lakshmi Foundation v State of Madhya Pradesh & Ors WP 10909 of 2024.

The court therefore held that no case of interference was made out. However, the court also took note of the thousands of birds that come to roost. The court noted that most of the birds that come to the place come there only to roost and only a few have nested on them. 

Thus, to ensure best efforts are made to alleviate the suffering of the birds, the court passed comprehensive directions to ensure "the least amount of inconvenience is caused to the birds". The court further directed the intervenor Bhalchandra Mondhe, who is a recipient of the Padma Shri award and is a renowned environmentalist, to advise measures which could be taken to allow the birds to have some breathing time to relocate to other nearby trees with minimal distress.

The court also directed the State to ensure that ₹10,000 remuneration is paid to each bird experts for their services. Accordingly, the petition was disposed of. 

For Petitioner: Advocates Lavesh Saraswat and Shivendra Singh

For Intervenor: Advocate Abhinav Dhanodkar

For State: Government Advocate Pradyumna Kibe

For Metro Rail Corporation: Advocate Amol Shrivastava

For Indore Municipal Corporation: Advocate Kamakshi Singh