Compliance with specific court directions and the jurisdiction of the Tree Authority in granting permission to fell trees.

JUDGMENT :

(Dhananjaya Y. Chandrachud, CJI.)

1. Mumbai Metro Rail Corporation Limited, ¹[“MMRCL”] seeks a clarification of the order of this Court dated 29 November 2022. By the order of this Court, MMRCL was permitted to move the Tree Authority for felling 84 trees. MMRCL submits that 177 trees have to be felled or, as the case may be, transplanted for the Metro Car Shed Land at Aarey Colony admeasuring approximately 33 hectares for Mumbai Metro Line-3. Permission is hence sought to implement the permission which has been granted on 15 March 2023 by the Superintendent of Gardens of the Municipal Corporation of Greater Mumbai for felling 124 trees and transplanting 53 trees.

2. By the order of this Court dated 29 November 2022, an earlier order directing the preservation of the status quo on felling trees was modified, so as to permit MMRCL to move the Tree Authority on its application for felling 84 trees. Following the order of this Court, an application was initially moved on 19 December 2022 for permission to fell 84 trees. On 2 January 2023, MMRCL, however, sought permission to cut 185 trees, without moving this Court.

3. By a communication dated 20 December 2022, the Deputy Superintendent of Gardens intimated the Deputy General Manager (Depot) of MMRCL that the site was jointly inspected by his staff, together with the representatives of MMRCL on 19 December 2022. Following the inspection, the Deputy Superintendent of Gardens sought compliance on the following aspects:

“1. Submit updated proposal for the current status of trees as per a fresh survey.

2. Mention missing/dead/fallen trees and also any new addition to the list of affected trees as a long period has lapsed since the last survey.

3. Number all such trees on the sites with black and white paint;

4. Submit details of land where the trees are to be proposed for transplantation and compensatory plantation.”

4. On 12 January 2023, the Superintendent of Gardens issued a public notice indicating that 185 trees would be affected of which 124 trees would be felled and 53 trees would be transplanted.

5. Since the action proposed was in excess of the 84 trees which were permitted to be felled by the order of this Court, a public interest litigation ²[“Public Interest Litigation (L) No 2169 of 2023] was moved before the High Court of Judicature at Bombay. The Division Bench, by its order dated 9 March 2023, observed:

“Public Notice has been issued by the Tree Authority. The Petitioner has already raised objection before the Tree Authority. The Petitioner can bring it to the notice of the Tree Authority, the order of the Apex Court. No final order has been passed by the Tree Authority. It is for the Tree Authority to consider whether those trees beyond 84 were shrubs or otherwise.”

6. On 15 March 2023, the Superintendent of Gardens and Tree Officer granted permission for felling 124 trees and transplanting 53 trees, subject to the condition that 1533 trees would be planted on the property. This led to the institution of another public interest litigation ³[Public Interest Litigation (L) No 8655 of 2023] before the High Court. The Division Bench, by its order dated 31 March 2023, observed and, in our view, correctly, that this Court had granted permission to move the Tree Authority only to the extent of 84 trees. Hence, the permission which was granted in respect of 177 trees was beyond the permission granted by this Court on 29 November 2022. The High Court held that propriety would require that trees shall not be felled in pursuance of the order dated 15 March 2023 until a clarification was sought from this Court. It is in view of the above factual background, that the application for clarification has been filed by MMRCL.

7. We have heard Mr Tushar Mehta, Solicitor General appearing on behalf of MMRCL, Mr Dhruv Mehta, senior counsel appearing on behalf of the Municipal Corporation, and Mr C U Singh and Mr Gopal Sankaranarayanan, senior counsel appearing on behalf of the r