Bombay HC extends stay on cutting trees for Coastal Road project at Tata Garden – Times of India

MUMBAI: Bombay high court on Friday extended its stay on cutting of trees for the Coastal Road project, at Tata Gardens, in Breach Candy, till 1st June.
The civic administration sought time to file reply to an amendment filed by a local NGO to now challenge the Tree Authority’s final order to remove 140 trees. Hence HC has adjourned the matter till June 1 and in the meantime BrihanMumbai Municipal Corporation (BMC) has to file its reply.
The Public interest litigation (PIL) is filed by Society for Improvement, Greenery and Nature, a local NGO through its secretary Nilesh Baxi.
On Wednesday the HC vacation bench of Justices S J kathawalla and S P Tavade had restrained the BMC till Friday from enforcing a January 6 final order of the TA to fell 61 trees and transplant 79 others in and around Tata Garden which has over 300 trees since 1985.
The BMC so far felled 8 trees. The removal of trees is to make way for an interchange at Bhulabhai Desai Road for the coastal road project and BMC said the order was passed after compliance with legal procedures and law.
On Wednesday, the petitioner’s counsel Ankit Kulkarni said the petition is urgent as the BMC sent its tree cutters at the site. He had said their objections and a proposed alternate arrangement to ensure “minimal destruction’’ of trees has gone unheard by the BMC which last February had issued notice for the tree cutting and had invited objections and suggestions.
Senior counsel Aspi Chino, A Y Sakhare with advocate Joel Carlos for the BMC had responded that the PIL was filed last March and despite the TA passing a final order in January and even uploading it on the website on January 19, it was never challenged. Hence, the HC had on Wednesday, May 19, given the NGO two days to amend its PIL and challenge the final order of the TA, which they now did.