The main legal point established in the judgment is the need for fair, transparent, and reasoned decision-making by administrative bodies, especially in cases involving environmental concerns and public trust doctrine.

JUDGMENT :

Pradeep Nandrajog, J.

The two captioned petitions are being disposed of by a singular order because in both petitions the challenge is to the resolution dated 29th August 2019 passed by the Tree Authority Mumbai. The Petitioner in Writ Petition No. 2410/2019 has prayed as under:-

"(a) that this Honourable Court be pleased to issue an appropriate writ, order or direction under Article 226 of the Constitution of India and call for the papers and proceedings relating to the Resolution dated 29.08.2019 annexed and marked at Exhibit-A to the petition passed by Respondent No.1 authority and after examining the legality and propriety thereof be pleased to quash the same."

2. The Petitioner in Writ Petition (L) No. 2565/2019 has prayed as under:-

"(a) that this Honourable Court be pleased to issue an appropriate writ, order or direction under Article 226 of the Constitution of India and call for the papers and proceedings relating to the Impugned Resolution dated 29.08.2019, as recorded in the Minutes of Meeting annexed and marked at Exhibit-C to the petition, passed by Respondent No.1, approving the Respondent No.2's proposal to remove 2646 trees at Aarey (2185 cut & 461 transplant) and after examining the legality and propriety thereof be pleased to quash the same"

3. The Maharashtra (Urban Areas) Protection and Preservation of Trees Act 1975 requires, vide Section 3 thereof, a Tree Authority to be constituted and for the area comprising Municipal Corporation of Greater Mumbai the authority has been constituted comprising 19 members: 13 being Corporators and 5 nominated Expert and 1 Municipal Commissioner who is the Chairperson of the Tree Authority. The duties and functions of the Tree Authority are as per Section 7 of the Trees Act, 1975. As per the said Act if large number of trees have to be felled the procedure to be followed is that the persons/body desirous of felling the trees has to make an application to the Tree Officer who has to visit the site and identify the trees proposed to be felled and prominently display on the trees that permission has been sought to fell the tree. The Tree Officer has also to publish a notice in the locality where the tree is standing. Objections if any received have to be considered by the Tree Officer and the proposal prepared by the Tree Officer has to be placed before the Tree Authority for a decision to be taken.

4. In the decision dated 19th July 2019 disposing of PIL (L) No. 60/2019 Zoru Darayus Bhathena Vs. Tree Authority, Mumbai noting the object of the Trees Act, 1975 it was observed that the object of nominated Experts as members of the Tree Authority was to enrich the decisions by the Tree Authority after taking advantage of the experience of the Expert Members. It was observed that the responsibility of the Expert Members was to guide the other Members of the Tree Authority and thus it was directed that it would be advisable that Expert Members give their in-puts in writing for the reason scientific in-puts cannot be properly understood by way of oral suggestions. It was directed that in its decision the Tree Authority should record the discussion on the in-puts, if any, given by the Expert Members so that the features of an informed decision were self-evident. The reason being, though an administrative decision is taken by the Tree Authority, the same is amenable to the writ jurisdiction of a Court and the law was well settled: Even an administrative decision must contain brief reasons showing that the decision making authority has come to grips with the issue raised and with due application of mind has reached the conclusion.

5. In the decision reported as M.C.Mehta Vs. Kamal Nath, (1997) 1 SCC 388 the public trust doctrine was restated by the Supreme Court: The State being a trustee of all natural resources which were meant for common good of the citizens of this count