No further tree felling in Mumbai’s Aarey colony without permission, SC directs BMC
The Supreme Court on Friday directed the Tree Authority of the Brihanmumbai Municipal Corporation (BMC) not to permit any further tree felling in Mumbai’s Aarey Colony without prior approval from the court. The directive aims to ensure strict oversight over the removal of trees in the ecologically sensitive region.
A bench comprising Justices Abhay S. Oka and Aravind Kumar stated that while the Tree Authority may process applications related to tree felling, final orders must be sought from the court before any action is taken. This step reinforces judicial scrutiny over the matter, which has drawn significant public attention due to the environmental concerns associated with deforestation in the Aarey area.
The court issued the order after being informed by the Mumbai Metro Rail Corporation Limited (MMRCL) that there are currently no pending proposals for tree felling in the area. Subsequently, the bench scheduled the next hearing for March 5, ensuring continued judicial oversight of developments related to tree removal in Aarey Colony.
The apex court had earlier directed the Maharashtra government to clarify whether there were any additional proposals to cut trees in the Aarey forest. This inquiry came against the backdrop of previous legal battles and widespread protests over deforestation in the area to accommodate infrastructure projects, including the Mumbai Metro car shed.
In 2023, the Supreme Court allowed certain forest-dwelling communities to approach the Bombay High Court with their grievances regarding the felling of trees in Aarey for the metro rail project. On April 17, 2023, the court criticized the MMRCL for attempting to exceed the permission granted to remove 84 trees. It imposed a penalty of ₹10 lakh on the corporation for what it deemed an attempt to “overreach” its earlier order. The court stressed that MMRCL’s decision to approach the Tree Authority for permission to remove additional trees was improper.
Despite the court’s censure, it subsequently allowed the removal of 177 trees from Aarey Forest, citing the importance of preventing delays to a critical public infrastructure project like the Mumbai Metro. However, the court underscored that its permission was contingent upon strict adherence to the limits set in its order and warned against any deviation.
The Supreme Court’s involvement in the Aarey case dates back to 2019 when it took suo motu cognizance of a letter petition by law student Rishav Ranjan, requesting a stay on tree felling in Aarey Colony. Since then, the issue has been a focal point of legal and environmental activism, with several green groups and Aarey residents opposing deforestation in the area.
On November 29, 2022, the apex court granted MMRCL permission to seek approval from the Tree Authority for the felling of 84 trees. At the same time, it directed the corporation to honor its commitment to refrain from cutting trees without explicit permission. The court also issued a stern warning of strict action in the event of a violation.
The Maharashtra government assured the court that no further trees would be cut, a statement reinforced by the solicitor general. Despite these assurances, the felling of trees in Aarey Colony has remained a contentious issue, with environmental activists and residents continuing to oppose deforestation, citing concerns over biodiversity loss and ecological degradation.
The court’s latest directive aims to strike a balance between facilitating necessary infrastructure projects and preserving the fragile ecosystem of Aarey, which serves as an essential green lung for Mumbai. By mandating court approval for any further tree felling, the Supreme Court seeks to ensure transparency and accountability in the decision-making process while addressing the broader environmental concerns raised by the public and activists.
