New Delhi: The Supreme Court Monday imposed a fine of Rs 10 lakh on the Mumbai Metro Rail Corporation Limited (MMRCL) for contempt of court. This was in relation to the MMRCL seeking permission from the superintendent of gardens and trees to fell 185 trees in the Aarey forest area for the metro rail project — more than double the figure of 84 that it had mentioned in its application to the top court in 2019.
Citing the larger public interest, a three-judge bench led by Chief Justice of India (CJI) D.Y. Chandrachud decided not to halt the ongoing work. However, it asked MMRCL to strictly comply with the tree authority’s decision and not cut more than 177 trees in Aarey forest to develop a car shed there.
The Supreme Court was equally irked with the superintendent of gardens and trees for granting permission to fell 177 trees in response to MMRCL’s request. This too, the bench observed, was in violation of its order.
“You people think you can take the Supreme Court for a ride. You cannot overreach the court. Officer of MMRCL should also be sent to jail. Ask the CEO of MMRCL to be present in court,” the CJI remarked verbally.
It directed MMRCL to deposit the cost to the chief conservator of forests, who in turn shall ensure that all afforestation is completed as directed by the tree authority.
The court was hearing a MMRCL’s application against a Bombay High Court order that denied it permission to fell more than 84 trees. The HC’s directive came on a public interest litigation (PIL) filed against the decision of the superintendent of gardens and trees. The latter had allowed MMRCL to fell 177 trees and transport 53 subject to the condition that 1,533 would be replanted.
The HC concurred with the PIL petitioner’s view that MMRCL could not have sought permission to fell more than 84 trees, since the top court had fixed the limit. It had, therefore, said that no tree should be cut until the Supreme Court gave a clarification.
SC requests IIT Bombay to ensure compliance
During the hearing Monday, the bench was informed by the opponents of the metro project that the SC had ordered status quo vi-a-vis felling of trees in October 2019. This was after the top court took suo-motu cognisance of a letter petition addressed to the CJI by a law student seeking a stay on the felling of trees in the colony.
But in November 2022, the top court gave a go-ahead to the MMRCL to pursue its February 2019 application on felling of trees before the superintendent of gardens and trees. That application had identified 84 trees that needed to be uprooted for a shunting site/ramp.
However, the MMRCL applied to cut 185 trees, the bench was told.
Observing that it was surprised by the conduct of both the MMRCL as well as the superintendent, the bench asked “How can the superintendent allow felling of trees when there was a stay by this court.” The top court had allowed MMRCL to move the tree authority to fell only 84 trees, it noted.
The bench granted the MMRCL two weeks’ time to deposit the fine amount and also “requested the director of Indian Institute of Technology (IIT) Bombay to depute a team for the purpose of verifying compliance”. It has asked for a compliance report from MMRCL in three weeks.
(Edited by Geethalakshmi Ramanathan)