The NGO's current petition is seeking directions from the HC to the state government to declare Aarey a forest.
Hearing the petition seeking directions to declare Aarey a forest, the Bombay High Court told NGO Vanashakti that it would not hear the petition anymore after it came to its notice that the matter is pending before the SC.
The NGO's current petition is seeking directions from the HC to the state government to declare Aarey a forest. The same group had challenged another HC order before the Supreme Court on the matter of alloting Kanjur Marg for metro car shed instead of Aarey.
Two 2017 state notifications allowing Aarey land to be used for the Metro shed had earlier been challenged in a writ petition filed by two activists in the HC. Justice SC Dharmadhikari, in an October 2018 judgment, had dismissed it saying, "it is erroneous to term Aarey or Aarey milk colony area a forest" and "it is not an eco-sensitive zone of the Sanjay Gandhi National Park." NGO Vanashakti had appealed this HC ruling in the SC and the matter is pending before the apex court.
At the end of the proceedings, Chief Justice Pradeep Nandrajog said there was "no anger, no hatred, but it leaves a bitter taste." and said the petition was closed for hearing. Other petitions connected to Aarey would be heard on September 30.
‘Kanjurmarg Not An Option’
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Counsel Shrihari Aney for one of the respondents tells HC Kanjurmarg not feasible as alternate site for Metro shed due to its distance from the Metro-3 route
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| HC asked on Wednesday about the feasibility of the Kanjurmarg site for the Metro-3 depot |
On Thursday, Advocate General Ashutosh Kumbhakoni remarked that the petitioner was "trying to use every key from the bunch hoping that at least one should open the lock", referring to Vanashakti going to the apex court first and now approaching the HC again.
He said that since there was decision of an HC bench on the matter, the court should not entertain the petition.
"Whatever arguments made are covered in the Justice Dharmadhikari judgment. The matter is now pending with the SC. Whatever is concluded need not be re-entertained."
Kumbhakoni told the court that Vanashakti was the same NGO that had challenged Justice Dharmadhikari's order in the apex court, though it was not the original petitioner in the petition that had been dismissed.
The AG said that the principles of res judicata applied even to PILs. Res judicata means that a matter that has been adjudicated by a competent court may not be pursued further by the same parties.
The Chief Justice, addressing the petitioners said, "Nobody has right to throw all and sundry at the court hoping that something will stay," referring to them having approached the apex court as well as them.
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