The Bombay High Court has restrained the Brihanmumbai Municipal Corporation (BMC) from cutting any more trees at the Tata Gardens in south Mumbai’s Breach Candy for construction of an interchange of the Mumbai Coastal Road project till May 21.
The division bench of Justice S J Kathawalla and Justice S P Tavade on Wednesday was hearing a Public Interest Litigation (PIL) filed by an NGO ”Society for Improvement, Greenery & Nature”.
The petitioner told the court that they had plans that should be considered by the BMC for realigning the interchange of coastal road project so that minimum damage to the trees is done.
The interchange for BMC’s pet project, coastal road is being constructed at Breach Candy.
Advocates Aspi Chinoy and Joel Carlos, appearing for the BMC told the court that the Tree Authority had on January 6 this year passed an order allowing cutting of trees for the project.
“Sixty-one trees are to be cut and 79 are to be transplanted. The cutting of trees has already begun three four days ago and a few trees have been cut till date,” Chinoy told the court.
Chinoy pointed out that the petition was filed in 2020 and since then the order was passed by the Tree Authority.
Chinoy said that the BMC had filed a reply to the petition. However, the affidavits had not reached the petitioners and court asked BMC to show whether the affidavits were served. Not able to get a reply from the BMC, the court allowed the petitioner to amend their petition to challenge the January 6 order passed by the Tree Authority and posted the matter for further hearing on May 21.
“Till then, the respondent (BMC) is restrained by an order of injunction from cutting any more trees,” the court said.
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Source: https://www.indiatoday.in/law/story/bombay-hc-bmc-trees-tata-gardens-coastal-road-project-1804608-2021-05-20
