The court's decision balances public interest, environmental concerns, and the progress of the Metro Line - 3 project, allowing MMRCL to pursue its application for felling permission while emphasizing the Tree Authority's independent decision-making authority.

JUDGMENT

Dr. Dhananjaya Y Chandrachud, CJI.

On 15 April 2019, this Court, while considering Petition for Special Leave to Appeal (Civil) No 31178 of 2018, declined to grant interim relief in IA No 33819 of 2019. The reliefs which were sought in the application for interim relief were in the following terms:

"a). stopping all activities being carried out by the Respondent No-4 on the land in question inside Aarey Colony;

b). directing the Respondents to carry out the activities for setting up Metro Car depot at the alternative sites referred to in paragraph 3 of the present application;

c). staying the operation of the observations made at page 92 of the impugned order to the effect that Aarey Milk Colony area cannot be referred to as forest; and

d). any other order or further order or orders as this Honble Court may deem fit and proper in the circumstances of the case."

2. Subsequently, on 7 October 2019, this Court, while entertaining a Suo Moto Writ Petition [Suo Moto Writ Petition (Civil) No 2 of 2019], passed an order recording the statement of the Solicitor General appearing on behalf of the State of Maharashtra that no further trees were being felled till the next date of listing.

3. On 5 August 2022, this Court directed that all the connected writ petitions and Special Leave Petitions could be listed for final disposal. No specific interim directions were issued in view of the position of Mumbai Metro Rail Corporation Limited [MMRCL] that no further trees had been felled since the order dated 7 October 2019 and none be cut till the next date of hearing.

4. The position in regard to the permissions which have been sought for the felling of trees in respect of the proposed depot at Aarey for Metro Line - 3 has been summarized in a plan which has been placed on the record by the Solicitor General. The position is elucidated below:

A Car Depot

(i) Permission applied on 21 July 2017;

(ii) Permission granted by the Tree Authority on 13 September 2019;

(iii) Trees permitted to be cut - 2185; and

(iv) Actual number of trees cut - 2144.

B Ramp area

(i) Permission applied on 6 September 2017;

(ii) Permission granted by the Tree Authority on 6 July 2018;

(iii) Trees permitted to be cut - 235; and

(iv) Actual number of trees cut - 212.

C Shunting area

(i) Permission applied on 11 February 2019;

(ii) Total number of trees affected - 84; and

(iii) Grant of permission awaited.

5. The IA which has been moved by MMRCL [IA No 169860 of 2022 in Suo Moto Writ Petition (Civil) No 2 of 2019] is for permission to enable it to move the Tree Authority for the felling of 84 trees required for the purpose of proceeding with the shunting segment of the Aarey car depot. For convenience of reference, the relief which has been sought in IA moved by MMRCL is extracted below:

"a) Direct/permit the Tree Authority to decide the application dated 11.02.2019 filed by MMRCL pending before it and pass final order thereof with respect to cutting of the 84 trees under The Maharashtra (Urban Areas) Protection and Preservation of Trees Act 1975 located on Metro Car Shed Land at Aarey Colony admeasuring approximately 33 hectares for the Mumbai Metro Line-3 project in Mumbai and permit, MMRCL to implement such decision of the Tree Authority, as the case may be;"

6. Apart from the IA which has been moved by MMRCL, this Court is seized of the following IAs:

i. IA No 104886 of 2022 in Suo Moto Writ Petition (Civil) No 2 of 2019seeking, inter alia,that (a) the order dated 21 July 2022 issued by the Urban Development Department of the Government of Maharashtra be kept in abeyance as it permits work on the car depot at Aarey, (b) the Government of Maharashtra submit the Wildlifereport on the Aarey Car Shed plot and to grant protection to wildlife on the said plot and declare the area as a forest;

ii. IA No 178233 of 2019 in Suo Moto Writ Petition (Civil) No 2 of 2019 seeking inter alia,the issuance of directions to the Government of Maharashtra to declare Aarey as a forest and direct that no trees