The MMRCL said that due to such delays from litigation more trees might have to be cut for the construction of the car depot since many plants and saplings have now grown into trees during the pendency of the matter.
Senior Advocate Ashutosh Kumbhakoni, appearing for MMRCL, informed the Court that when the application was filed, it was for felling of 84 trees, but with the passage of time, the land saw growth of more trees.
“In a particular area at that time, there were 84 trees. So our application was for 84 trees. The purpose was to clean shave the land so that we can construct the metro car shed. This issue remained pending in Courts for four years thanks to the petitioner. During this period, four monsoon seasons have passed. So at that time, what were saplings did not fall under definition of trees, but they have grown naturally and have become trees. The Supreme Court order was to enable us to clean shave the land. We have not increased one inch and the intent was to allow us to work. On the contrary, this obstruction of the petitioner amounts to obstruction of implementation of the Supreme court order in its true form”, the lawyer informed.
The statement was made during hearing of a public interest litigation (PIL) filed by Zoru Bhathena challenging a notice issued by tree authority of the Brihanmumbai Municipal Corporation (BMC) for removing 177 trees at Aarey.
The application claimed that the notice was based on an application of MMRCL which was filed after a Supreme Court order of November 2022, allowing the corporation to pursue its request for felling of 84 trees for the project.
Source: Barandbench
