The Bombay High Court on Friday dismissed all petitions challenging the proposed felling of 2,646 trees in Aarey Colony at Goregaon in north Mumbai to make way for construction of a car shed for Metro phase-III, after addressing the environmental concerns raised by the petitioners.

Holding that the decision-making process on tree felling  adopted by the Tree Authority of the Brihanmumbai Municipal Corporation (BMC) as “fair, transparent and based on reason”, a HC division bench of Chief Justice Pradeep Nandrajog and Justice Bharati Dangre noted: “The Carbon di-oxide sequestration of 2,702 trees for their entire lifetime calculated at 12,79,062 kg would be compensated in 3,948 fully loaded trips of Metro Trains operating”.

The HC bench refused to declare Aarey Colony a forest and also declined to quash the BMC tree authority's decision allowing felling of over 2,646 trees in the green zone to make way of a metro car shed.

Dismissing the petitions filed by green activist Zoru Bhathena and Shiv Sena corporator Yashwant Kamalakar Jadhav, the HC bench observed: “Thus, as in the two companion petitions which we have dismissed today, the Greens fail even in these two petitions, but not on account of sailing their boats in the wrong channel, but on merits”.

The HC bench imposed a fine of Rs 50,000 on Yashwant Jadhav, who had filed a petition against the approval granted by the civic body's tree authority. He is a member of the BMC’s tree authority. 

Terming all the petitioners "Davids" (environmentalists) taking on the industrial "Goliaths", apparently suggesting that they are fighting an unequal battle, the court said: "Relationship with nature and love for environment alone is true and all other relationships are unreal and temporary, is their (environmentalists) belief. Their hearts are a temple of devotion to flora and fauna".

"The greens (environmentalists) fail in the instant petition because they have lost touch with the procedure to be followed as per law. The clock cannot be put back. We do not make any comments thereon as the petitioner has to now swim or sink before the Supreme Court,” the judges noted.

“The issue is pending before the Supreme Court and the National Green Tribunal. Hence, we are dismissing the petition on the principle of commonality and not on merits," a bench of Chief Justice Pradeep Nandrajog and Justice Bharati Dangre said.

Activist Zoru Bhathena, who had challenged the decision to cut the trees, said: “I am extremely saddened to get this news. We will take this fight forward. It’s a sad day for Aarey today. We will approach the Supreme Court”.

Later in the evening, Bhathena tweeted: “The Aarey battle of David Vs Goliath now moves to the Supreme Court. Do take a few seconds to read what the Bombay HC had to say about this epic battle to Save Aarey”.

Alluding to environmental concerns raised by the petitioners, the Judges noted: “In connection with the issues of environmental concerns, it has to be noted that the project proponent has already planted 20,900 trees with GPS tagging on each plant in Sanjay Gandhi National Park and the survival rate is 95%, proved by the letter dated 27th September 2019 addressed by the Chief Conservator Forest and Director Sanjay Gandhi National Park to the Chief Project Manager of MMRCL. This establishes that about 7 times the number of trees to be felled have been replaced by planting saplings of trees, which process commenced two years ago”

“Further, the project is being financed substantially by Japan International Cooperative Agency (“JICA”) and the project is registered with The United Nations Framework for Climate Change (UNFCC). It is thus being monitored by Foreign Agencies on the environmental impact,” the judgement stated.

“The project report demonstrates that the benefits and/or reduction in Carbon di-oxide emissions by virtue of the project demonstrate that the same would be reduced by 2,61,968 tonnes over ten years because of reduced dependence on motarised transport,” the HC bench observed.

The green activists, of which Bhathena is part, have been protesting vehemently against the decision taken by the BMC’s tree authority on August 29 to allow cutting of 2,185 trees and transplantation of 461 trees.

While giving a go-ahead to the MMRCl to cut 2,185 trees and transplant 461 trees in Aarey Colony for construction of car depot for Metro-3 corridor, the BMC’s Tree Authority had said that the MMRCL would have to plant 13,110 trees

In its petition filed in the high court, activist Bhathena had challenged the proposed felling of 2,648 trees in Aarey Colony to make way for construction of a metro card there by saying that the decision taken by the BMC's Tree Authority, taken on August 29 this year, approving the felling of trees to make way for a metro car shed was not in accordance with a previous order of the high court.

Last month, several celebrities, including Amitabh Bachchan and Akshay Kumar, had come out in support of the Mumbai Metro.