Bombay HC raps petitioner for ‘stalling Metro work’

Mumbai: The Bombay high court on Tuesday observed that the purpose of the Metro project is not to cut trees and harm the environment, but the development of the city and the petitioner opposing it should understand that.

A division bench of Justices S.C. Dharmadhikari and Riyaz Chagla extended the stay on felling of trees for various projects, including Metro-4, till December 11.

The court made the observation while hearing a petition opposing Thane Tree Authority’s decision, which allowed cutting of trees for various purposes.

The bench, while hearing the petition, expressed its displeasure and termed the petition as ‘repeated attempts to halt public projects’.

The bench observed, “Petitioners should understand the purpose of the project. Filing such petitions could result in the passing of legislation which would enable the authorities to take decisions without permissions.”

The court further held that the project is being carried out under the special Metro Act, which is superior to the Tree Act.

The petitioner, Rohit Joshi, an activist from Thane, challenged the notification issued on June 30, 2018, and January 2, 2019, allowing Mumbai Metropolitan Regional Development Authority (MMRDA) to construct the Metro-4 line on elevated corridors, which required felling of a huge number of trees.

Mr Joshi filed a plea in the Supreme Court challenging the Bombay high court’s November 25 order vacating the stay on the felling of trees.

The HC lifted its earlier stay stating that the petition did not cite the violations clearly carried out during permission for tree cutting. The Supreme Court on Monday stayed the felling of trees along the Metro Line 4 from Wadala (Mumbai) to Kasarvadavali (Thane).

The court restrained authorities, including the MMRDA, from cutting any trees for two weeks and asked the petitioner to approach the Bombay high court on this issue.

The petitioner, contended that the high court had lifted the stay granted on cutting of trees being carried out in violation of the provisions of the Maharashtra (Urban Areas) Protection and Conservation of Trees Act.