Mumbai: The Metro-3 Tree Committee of Bombay High Court, headed by two sitting judges, has emphasised that the Mumbai Metro Rail Corporation Limited (MMRCL) would be responsible for the care of the replanted trees that were uprooted from Aarey for the Metro carshed, until the completion of the project. The committee also took serious note of the fact that only 35 per cent of the replanted trees had survived.
Justices Revati Mohite-Dere and Sarang Kotwal, chided the MMRCL, which had claimed that its responsibility for the care of the trees uprooted in 2017, was only for three years from the time they had been replanted.
“This is about the environment. You can’t do this and then pass the buck to someone else. (earlier high court) order shows it is your responsibility (to take care of the replanted trees),” remarked Justice Dere.
HC Ordered MMRCL To Replant Trees And Look After Them Till Completion Of Project
On May 7, 2017, the high court had directed the MMRCL to give an undertaking that it would replant the trees and care for them till the completion of the project.
The committee was formed following a plea by petitioners Nina Verma and Parvin Jehangir, highlighting the damage that would be caused to the environment due to the felling of over 5,000 trees for the project.
It was pointed out to the committee that the survival rate of the replanted trees had deteriorated over the years. In 2019, the survival rate was around 63 per cent and this has now plummeted to 35 per cent.
The advocate for the MMRCL said an undertaking had been given for three years, which was ‘good enough’ for the trees, after which the latter would have adapted.
“By the virtue of this order, you (MMRCL) are responsible till the project is over. You are in breach of the order. The project is far from over. It says three years after the project is over. You can’t run away from this,” said Justice Dere.
On a specific query, the MMRCL advocate said that the replanted trees had survived on their own and that they had replanted trees wherever they had found a spot in the vicinity. However, the committee reprimanded the MMRCL for not having a proper plan for tree replantation, which could have ensured a better survival rate.
The MMRCL had also given an undertaking that after its underground work was complete, it would restore the plots and tree cover to their original condition. Later, it claimed to have planted 9,000 ‘trees’.
Activist Points Out Lack In Tree Cover By MMRCL
Activist Zoru Bhathena pointed out that the cover had not been restored as yet. He pointed out that the ‘trees’ were actually bushes and plants. The corporation had planted ‘ornamental’ plants and trees and even ‘Miyawaki’ trees at places, claiming these to be the compensatory ‘trees’, he said. “Miyawaki concept is different. How can you compare it with trees?” asked Justice Dere.
The judges added that the entire exercise was for the environment of the city, which would benefit everyone. “You are not understanding that everyone will be affected,” said Justice Dere. The justice said, until two years ago, the Churchgate-Colaba areas had never witnessed flooding during monsoon. “Never before had this part of town been flooded. Last year and this year, it has been,” said Justide Dere.
On a query from Justice Kotwal on whether the MMRCL could compensate for the 65 per cent of the dead trees, its counsel said that would be ‘difficult’. The judges have directed the MMRCL to provide locations of the replanted trees to the committee and the petitioners. They have then been directed to conduct spot visits, to ascertain the ‘feasibility and practicality’ of the replantation at those spots. The MMRCL has also been asked to complete geo tagging of the 35 per cent surviving trees within four weeks.
