The Bombay High Court on Friday turned down a plea filed by an activist challenging Maharashtra government's notification to allot 33 hectares of land at Aarey Milk colony for constructing the Metro Rail 3 carshed.
Dismissing the plea filed by Amrita Bhattacharjee, a division bench of Justice S C Dharmadhikari and Justice Prakash D Naik stated, "We are not in a position to accept arguments that the Environment (Protection) Act and the Forest (Conservation) Act have been given a go-by, while issuing the two notifications and while permitting change of user. Not possible to deduce the subject land is forest."
The petition claimed that the state governments have deliberately avoided constructing Metro car depot on land available at Kanjur Marg. They are intending to destroy fragile eco-sensitive area in breach of their statutory duty to protect and improve the environment. The plea prayed for quashing and setting aside the notifications issued on August 24, 2017. Further, restrain the Mumbai Metro Rail Corporation Limited from constructing the carshed.
The bench though after going through the entire records and the technical advisory committee reports said "Metro car site forms part of Aarey Colony and not part of the Sanjay Gandhi National Park. Thus we have no hesitation in rejecting the petitioner's arguments that the notification prohibits the use of forest land for metro car depot."
The court said that the conditions mentioned in the notifications are to safeguard the environment and ecology. The conditions enshrine that the plantation of trees will be made as per the recommendations of the committee and that trees above, 10 feet height and native variety only will be planted and plantation will be undertaken by professional agencies only. An annual audit by the third party would be conducted and MMRCL will maintain the trees planted for five years.
CASE FILE
- The court said that the conditions mentioned in the notifications are to safeguard the environment and ecology
- Metro carshed site forms part of Aarey Colony and not part of the Sanjay Gandhi National Park
- The petition claimed that govt deliberately avoided constructing car depot at Kanjur Marg
