Supreme Protection to Aarey Trees, Status Quo till Oct.21
New Delhi: In some good news for green activists, the Supreme Court
on 2019 October 7th Monday restrained authorities from cutting
anymore trees in Mumbai's Aarey to set up a Metro car shed. A special bench
comprising justices Arun Mishra and Ashok Bhushan said it will have to examine
the entire issue and posted the matter for hearing on October 21 before its
forest bench. "Don't cut anything now," the bench said.
The apex
court directed that if anybody is still under arrest for protesting the cutting
of trees, they should be released forthwith on furnishing of personal bonds.
During the hearing, the Maharashtra government told the bench that all those
arrested for protesting against cutting of trees in Aarey had been released.
Solicitor
General Tushar Mehta, appearing for the state, submitted that he was not aware
of all records and assured the bench that nothing will be cut in Aarey till the
case is decided.
The PIL
petitioners told the bench that Aarey forest was deemed as an
"unclassified forest" by the state government and felling of trees
was illegal.
However,
after perusing the notification issued by the Maharashtra government, the bench
said Aarey area is a no-development zone and not an eco-sensitive zone as
claimed by the petitioner.
The apex
court decided on Sunday to register as PIL a letter addressed to Chief Justice
of India Ranjan Gogoi by
law student Rishav Ranjan seeking a stay on cutting of trees. A notice was
posted on the Supreme Court website about holding the urgent hearing by constituting
a special bench.
The Bombay High Court had
on October 4 refused to declare Aarey Colony a forest and declined to quash the
Mumbai municipal corporation's decision to allow felling of over 2,600 trees in
the green zone to set up a metro car shed. The BMC soon began felling trees in
the cover of darkness and
estimates say over 1,000 trees have already been axed.
The
letter states, "As we write this letter to you Mumbai authorities continue
to kill the lungs of Mumbai ie Aarey forest by clearing of trees near Mithi
river bank and according to news reports 1,500 trees have already been cleared
by authorities. "Not only this but our friends are put in jail who were
peacefully organising a vigil against acts of the Municipal Corporation of
Greater Mumbai (MCGM) with Mumbai Metro Rail Corporation (MMRC) at the
site."
The
student requested the Supreme Court "to exercise its epistolary
jurisdiction to protect Aarey without getting into technicalities as there was
no time for preparation of a proper appeal petition and cover the scars of
these young activists who are responsible citizens standing for serious
environmental concerns".
It also
said that students have moved the apex court as the Bombay High Court rejected
the bail plea of 29 activists who had participated in the "peaceful
vigil" against the tree-felling and have been detained by Mumbai Police.
The
letter has alleged that the student-activists were abused and manhandled by the
Mumbai Police which has booked them for offences of 'assault on a public
servant to deter him from discharging his duty' and 'unlawful assembly' under
the IPC.
According
to the letter, Aarey forest is located adjacent to the Sanjay Gandhi National
Park and has five lakh trees.
The
trees were proposed to be cut for Mumbai metro-3 project and specifically for
construction of a car shed, it said and added the high court refused to
recognise Aarey as a forest or declare it as an ecological sensitive issue
because of jurisdictional limits.
The
police on Saturday imposed Section 144 of the Criminal Procedure Code in Aarey,
restricting movement and gathering of groups, and cordoned off the area.
Twenty-nine activists were arrested after clashes with the police and were
later released on Sunday.
The move
has also become a bone of contention between
allies Shiv Sena and BJP, with Sena chief Uddhav Thackeray saying once in
power, they would “teach a lesson to murderers of trees”.
Yuva
Sena chief and the first Thackeray to enter the electoral fray, Aaditya Thackeray,
has been a vocal supporter of the activists and slammed the government for
chopping down the trees.
Under
flak, Mumbai Metro chief Ashwini Bhide took
to Twitter on Sunday to say “new destruction is inevitable”.
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