The Supreme Court on Monday came down heavily on the Maharashtra government for its poor implementation of compensatory afforestation in Mumbai and warned that it may revoke all previous permissions granted for felling trees in major infrastructure projects, including the Mumbai Metro Rail and the Goregaon–Mulund Link Road (GMLR).
A bench comprising Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran expressed strong displeasure after being informed that compensatory afforestation had not been carried out effectively. “We will revoke all the permissions granted so far for the projects like Mumbai metro rail,” the CJI cautioned.
The bench directed the state’s Chief Secretary to convene a meeting with all stakeholders and submit a “concrete proposal” on the steps being taken to ensure that compensatory afforestation is implemented “in letter and spirit.” The affidavit is to be filed before the court by November 11.
The court said that a balance must be maintained between development and environmental protection, especially in urban centres like Mumbai. CJI Gavai observed, “No doubt the protection of the environment is important… but the development of infrastructure is also necessary. Unless proper infrastructure is put in place, the country cannot progress.”
However, the bench was irked when informed that one-foot-tall saplings were being planted under the guise of afforestation and were dying due to lack of maintenance. Senior advocate Gopal Sankaranarayanan, appearing for environmental activists, alleged that the compensatory afforestation programme was a “sham exercise” and that the Mumbai Metro Rail Corporation Limited (MMRCL) had delegated the work to the Sanjay Gandhi National Park (SGNP) authorities after taking a parcel of forest land for the project.
The court was hearing a fresh plea by the Brihanmumbai Municipal Corporation (BMC) seeking approval to fell trees for the GMLR project. On August 14, the apex court had permitted the felling of 95 trees for the project in Film City, subject to compensatory afforestation.
Senior advocate Mukul Rohatgi, representing the BMC’s Tree Authority, told the court that over 1,000 trees would need to be removed for the project—632 to be transplanted and 407 to be cut permanently.
The bench, however, refused to grant immediate permission for further tree felling and said the matter would be taken up again on November 11 after reviewing the state’s affidavit and expert reports.
The GMLR project aims to connect the Western and Eastern Express Highways through twin tunnels running between Film City in Goregaon and Khindipada (Amar Nagar) in Mulund, reducing travel time by nearly an hour.
Earlier this year, the BMC approached the Supreme Court in compliance with its January 10 order that prohibited tree felling in Mumbai’s Aarey Colony without prior permission from the top court. The civic body said that although the proposed site was part of Film City and not Aarey Colony, it sought permission as a precaution.
The bench made it clear that no tree could be felled without the Supreme Court’s explicit approval and asked the BMC to file an expert-backed afforestation plan.
The matter will next be heard on November 11, when the Maharashtra Chief Secretary’s affidavit on the status of compensatory afforestation is expected to be reviewed.
