SC allows BMC to fell trees for Goregaon-Mulund Link Road subject to compensatory afforestation

New Delhi, Nov 17 (PTI) The Supreme Court on Monday permitted the Tree Authority to decide on a fresh plea of the Brihanmumbai Municipal Corporation for felling more trees in Mumbai for the Goregaon-Mulund Link Road project, provided compensatory afforestation takes place "scrupulously".

The top court, on July 29, had permitted the civic body to fell 95 trees in Mumbai's Film City for the project.

However, a bench headed by Chief Justice B R Gavai, on October 27, took a strong note of poor implementation of compensatory afforestation in Mumbai and warned the Maharashtra government that it will revoke all earlier permissions for felling trees for projects like Mumbai metro rail and the Goregaon-Mulund Link Road (GMLR) project.

It had directed the Maharashtra chief secretary to hold a meeting with all the stakeholders and come out with a "concrete proposal as to what steps are being taken" to ensure that "compensatory afforestation" is carried out in letter and spirit.

On Monday, the top court bench, also comprising Justice K Vinod Chandran and Justice NV Anjaria, took note of the affidavit filed by the chief secretary of the state and permitted the BMC, the proponent of the ambitious GMLR project, to fell the requisite number of trees provided the compensatory afforestation exercise is undertaken scrupulously.

The CJI-led bench took note of the affidavit of the chief secretary in which the compensatory afforestation had been made part of the "government resolution".

"We direct that the averments made in the said affidavit be given effect to scrupulously," the CJI said.

The bench warned that any officer or officers entrusted with the task of undertaking compensatory afforestation will be dealt with sternly if they are found lax or negligent in their duties on this issue.

The bench directed the officers concerned to inspect the sites where compensatory afforestation has to take place inside the Sanjay Gandhi Park in Mumbai.

It also asked the BMC and other authorities to undertake the exercise of compensatory afforestation with regard to other projects, including the metro one, with due earnestness and file a report in the court after 12 weeks.

The bench said the exercise of compensatory afforestation can be undertaken before felling the trees as well.

The bench was hearing a plea of BMC, which is responsible for the ambitious GMLR project, seeking the apex court's nod for felling the trees.

The GMLR project envisages developing road connectivity from Western Express Highway to Eastern Express Highway to reduce travel time between Mulund and Goregaon by almost an hour.

The BMC filed the plea keeping in mind the January 10 order of the top court by which it had directed the Tree Authority of the civic body not to allow any further tree felling in Mumbai's Aarey colony without its permission.

The top court's earlier order, asking the Tree Authority of the BMC not to allow any further tree felling in Mumbai's Aarey colony without its permission, was passed in connection with the car shade project of the Mumbai Metro Rail Corporation Limited (MMRCL).

The apex court had directed the Maharashtra government to inform if there was any proposal to fell more trees in Aarey forest.

It had, in 2023, permitted some forest-dwelling communities to move the Bombay High Court with their grievances over the felling of trees in the forest for the metro rail project. PTI SJK SJK NSD NSD