A vacation bench of Justices Sarang Kotwal and Sandeep Shinde was hearing applications filed by the Mumbai Metro Rail Corporation Limited, BMC, and environmental activist Zoru Bhatena seeking various reliefs related to the tree authority
Bombay High Court
The Bombay High Court said to keep larger public interest in mind and to safeguard the environment, the BMC should consider including more experts to the civic body's tree authority on Monday, the BMC should consider including more experts to the civic body's tree authority. A vacation bench of Justices Sarang Kotwal and Sandeep Shinde was hearing applications filed by the Mumbai Metro Rail Corporation Limited, Brihanmumbai Municipal Corporation (BMC), and environmental activist Zoru Bhatena seeking various reliefs related to the tree authority.
In October last year, the high court had restrained the tree authority from taking any decision on applications to cut trees until it had independent experts as nominated members. Last week, the BMC informed the court that the present tree authority has four experts. Bhatena, however, took objection to this and said the tree authority had 15 corporators or councillors and just four experts. He argued the BMC must include an equal number of experts as councillors to ensure permissions for felling trees were not granted indiscriminately. Bhatena's lawyer Snehal told the court on Monday that the high court had, in an earlier order passed in April this year, observed that the number of experts and other members should be equal.
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The bench then noted that the civic body was bound by the high court order. "In larger public interest and to safeguard the environment, you (BMC) should either increase the number of experts or decrease the corporators in the tree authority," the court said. "Without there being any assistance from experts, how do you (BMC) propose to decide applications (seeking to cut trees)," Justice Shinde asked. MMRCL lawyer G W Mattos told the court that it was suffering financial losses because of the court's decision restraining the BMC from taking any decision on cutting of trees in suburban Aarey area for the proposed Metro car shed and some allied works. "The MMRCL is suffering a loss of Rs 4.38 crore per day," Mattos said.
The court then noted that it was not against any public project, but its only anxiety was that due process of law needs to be followed. The bench has posted the applications for further hearing on May 22.
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Edited by mid-day online desk with inputs from Agencies
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