The Supreme Court on Tuesday permitted the Mumbai Metro Rail Corporation Ltd to pursue its plea with the relevant authority for felling 84 trees at Mumbai's Aarey Colony for constructing train ramps at its car shed project.
This significant order would enable the MMRCL to seek felling of 84 trees from the Tree Authority to start its construction work which has been stalled for quite some time now and, according to Mumbai Metro, the project cost has escalated from Rs 23,000 crore to Rs 37,000 crore.
The apex court observed that it cannot be "oblivious of serious dislocation" which may be caused in projects involving "large public funds". "The MMRCL should be permitted to pursue its application before the tree authority for felling of 84 trees. Let the tree authority take a decision independently," a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha said.
"Undoubtedly issues pertaining to the environment are important. The State Government which had taken a decision in the first place to accept the technical committee report, later on changed its view while deciding upon realignment," said the court. The top court fixed the batch of petitions, including the suo motu (on its own) one, for final hearing and disposal in the first week of February next year.
The Court took note of the submissions of Solicitor General Tushar Mehta, appearing for the MMRCL, that almost 95 per cent work on the project has been completed.
"It would not be possible for the court to stay the decision.
“Moreover, it must be noted that substantial no of trees have already been felled...As already noted earlier 2144 trees were fell in executing work for the car depot. What is now sought is a permission to apply to tree authorities for felling of trees for ramp. Without the ramp, work done would be of no use," the CJI said in its order.
The top law officer said the plea of the MMRCL was pending with the Tree Authority which is not proceeding due to the pendency of the petitions here in the Supreme Court.
"The original total cost of the project was Rs 23,000 crore. The MMRCL has already invested Rs 22000 crores. Because of the delay caused by the litigation, the cost has escalated to Rs 37000 crores," Mehta said. He then listed out the benefits and the impact of the metro rail project saying the carbon emission, due to less vehicular traffic, would come down. Above 13 lakh passengers may travel through the metro and may lead to ease in traffic situation, fuel consumption and air pollution, he said, adding that every day, nine persons die in train accidents in Mumbai.