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2023 Supreme(SC) 705

D. Y. CHANDRACHUD, PAMIDIGHANTAM SRI NARASIMHA, J. B. PARDIWALA
In Re: Felling of Trees in Aarey Forest (Maharashtra) – Appellant
Versus
. – Respondent


Advocates Appeared:
For the Petitioner: By Courts Motion, AOR
For the Respondents: Mr. Tushar Mehta, Sr. Adv.; Mr. Chirag Shah, Adv.; Ms. Rukhmini Bobde, Adv.; Ms. Soumya Priyadarshinee, Adv.; Mr. Ankit Ambasta, Adv.; Mr. Amit Kumar Shrivastava, Adv.; Mr. Amlaan Kumar, Adv.; Mr. Vishal Prasad, AOR; Mr. Shyam Divan, Sr. Adv.; Mr. Gopal Sankaranarayan, Sr. Adv.; Ms. Pooja Dhar, AOR; Mr. Tushad Kakalia, Adv.; Mr. Sudipto Sarkar, Adv.; Ms. Aditi Gupta, Adv.; Mr. Dhruv Mehta, Sr. Adv.; Mr. Ashish Wad, Adv.; Mr. Sandip Patil, Adv.; Mr. Sidharth Mahajan, Adv.; Mr. Ajeyo Sharma, Adv.; Mr. Shyam Agarwal, Adv.; M/S. J S Wad And Co, AOR; Mr. Maninder Singh, Sr. Adv.; Mr. Siddharth Dharmadhikari, Adv.; Mr. Aaditya Aniruddha Pande, AOR; Mr. Bharat Bagla, Adv.; Mr. Sourav Singh, Adv.; Mr. Shree Pal Singh, AOR; Mr. C.U. Singh, Sr. Adv.; Ms. Anitha Shenoy, Adv.; Ms. Srishti Agnihotri, AOR; Ms. Sanjana Thomas, Adv.

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 S

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