Aarey Forest : Supreme Court Asks MMRCL To Not Cut Trees As Undertaken By It Till August 30

The Supreme Court on Wednesday reiterated that Mumbai Metro Rail Corporation (MMRCL) would be bound by its earlier affidavit which stated that no trees have been cut and would be cut in the Aarey Forest post the Supreme Court order dated October 7, 2019.During the previous hearing, the MMRCL had told the Court that no cutting of trees has been carried in the Aarey forest. The Solicitor General Tushar Mehta had told the Court only trimming of certain branches were carried out and that no trees were cut.Today, while adjourning the hearing, a Bench comprising of Justices UU Lalit, Ravindra Bhat and Sudhanshu Dhulia, in the order, recorded, "Advocate Rukmini Bobde, appearing for MMRCL said her clients have already filed an affidavit that no trees have been cut since the 7.10.2019 order and would not be cut in any manner. The said undertaking given by Mr. Charudas, Director of MMRCL has already been taken on record and it shall be strictly bound by said undertaking."During the hearing, Senior Advocate Anitha Shenoy, appearing for the petitioners refuted the contents of the affidavit filed by the MMRCL during the previous hearing. "Levelling and other work is going on. Even according to the MMRCL... Till next week, there's shouldn't be any work", she argued. Hearing this, the bench said, "Please don't do any cutting work", which prompted the counsel appearing the MMRCL to assure the Court that no cutting work will be carried out.At the request of counsel appearing for the state government, the court proceeded to give two days' time place certain additional documents. Advocate Chitnis, appearing for the State said, "There are about 29 additional documents. Need additional time to collate documents""How many times do we adjourn the matter? Last two occasions also, we had adjourned the matter", the Bench pointed out. The matter has been posted for next hearing on August 30. In 2019, the Supreme Court had registered a suo motu case titled "In Re Felling Of Trees In Aarey Forest (Maharashtra)" based on a letter petition sent by few law students against the cutting of the trees for the construction of a metro car shed. The actions taken by the MMRCL and other authorities to cut the trees in Aarey had led to widespread protests by environmental activists and city residents. Connected along with the suo motu case are special leave petitions filed against the Bombay High Court's judgment refusing to interfere with the project. On October 7, 2019, the Supreme Court had ordered status quo with respect to the cutting of trees, after Solicitor General Tushar Mehta submitted on behalf of the State of Maharashtra that no further trees will be cut. The Aarey tree felling resumed after the change of government in Maharashtra recently, when the new government with Eknath Shinde as the Chief Minister announced the decision to construct the metro shed at the same place. Case Title : In Re Felling Of Trees In Aarey Forest (Maharashtra)| SMW(C)No(s).2/2019Click Here To Read/Download Order

Aarey Forest : Supreme Court Asks MMRCL To Not Cut Trees As Undertaken By It Till August 30

Rintu Mariam Biju

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