Supreme Court permitted some forest dwelling tribals to move the Bombay High Court with their grievances related to the felling of trees in Mumbai’s Aarey forest for the metro rail project. Many trees being cut for the project are on their land.
A bench comprising Chief Justice D Y Chandrachud and Justice P S Narasimha took note of the submissions of senior advocate Indira Jaising, appearing for some tribals who claim to be living in the Aarey forest area, and asked them to intervene in a pending petition before the Bombay High Court on the issue.
The senior lawyer said, We seek to intervene. I appear for the tribals and others who will be displaced if the trees are cut 49 trees are on our land. The bench said a petition is already pending before the high court and they can raise the issue of enforcement of their right there.
The petitioners claim rights as forest dwellers. Since the petition is pending before the high court. A liberty is granted to raise this before the high court and the high court may consider this for expeditious listing,” the bench said in its order.
On April 17, the apex court came down heavily on Mumbai Metro for trying to overreach its earlier order permitting the felling of only 84 trees in Aarey forest for a car shed project and directed it to pay Rs 10 lakh as penalty.
The court said it was improper on the part of the Mumbai Metro Rail Corporation Limited (MMRCL) to move the tree authority for felling of any trees in excess of 84. The top court, however, permitted the company to remove 177 trees from Aarey forest, saying a stay on tree felling would lead to the public project being brought to a standstill which is not desirable.