Forest just doesn't mean trees & plants, says Bombay High Court

Mere existence of trees and plants doesn't make an area a forest, a two-judge bench of the Bombay High Court said on Tuesday as it took up 17 petitions opposing various aspects of the Colaba-Bandra-Seepz Metro-3 project.

The court chose four petitions and distilled the issues it would be deciding on. The major point the HC will be deciding is whether Aarey Colony, where the car shed of the Metro project is scheduled to come up, is a forest or not and if it is not, then whether the HC can pass directions to declare it so. The judges said they will visit the site to ascertain the facts.

"Forest does not mean just trees and plants. What the common people call a forest, a real environmentalist will call a jungle. Forest is like the Amazon forest where the vegetation is so rich and thick that light does not reach the ground," said Chief Justice Pradeep Nandrajog.

The remarks came on a plea filed by NGO Vanashakti. Referring to maps submitted by the petitioner, the Chief Justice said that Aarey was not a dense or medium forest but an "open forest marked in yellow".

"If we come to the conclusion that Aarey has to be declared a forest, then all the other issues do not arise as all the environmental restrictions come in place. We will also go into the question that whether the decision taken by the Tree Authority is legal," said the Chief Justice.

(Pic: MMRCL)

Countering the claim of the petitioner that the leopards in Aarey are resident animals, Advocate General Kumbhakoni, who represented the Mumbai Metro Rail Corporation Limited, said the big cats migrate to the stretch for dogs kept by the tribal people living there.

On the petition challenging the proposed clearing of over 2,600 trees for the car shed at Aarey, the court expressly asked MMRCL to not proceed till September 30. The hearing on the petition was adjourned until the end of this month due to some pending paperwork.

The other two issues that the HC picked are whether the land belongs to the forest department and if it does, whether it is a floodplain of the Mithi river and if the members of the Tree Authority were elected in a proper manner. The hearing will continue on Wednesday.

The ambitious mass transit project, which aims to significantly cut down pollution and ease commuting woes of lakhs of people every day, has pitted a section of activists against the authorities. According to the government, the benefits of the project far outweigh their concerns. MMRCL says a delay of a single day will result in a loss of Rs 4.23 crore.