Those stalling public projects via court cases should be penalised if case goes in govt’s favour: Solicitor General

In November 2022, the SC permitted felling of 84 trees to construct for a metro car shed project. The government has now moved an application as it seeks to fell additional trees after a new assessment revealed that many trees have cropped up since the last survey in 2019.

Solicitor General of India (SG) Tushar Mehta on April 10 told the Supreme Court that persons approaching the court and stalling public projects must be made to pay the loss to public exchequer if the case is decided in government’s favour.

The SG made the statement in the context of felling of addition trees at Aarey forest for building infrastructure for the Mumbai metro rail. Mehta told the court that the pendency of the litigation is costing Rs 5.87 crore per day owing to the delay, and those objecting to the felling of trees must compensate the public exchequer if the government succeeds in the case.

Senior Advocate Chander Uday Singh, who appeared for one of the parties who is challenging the felling of trees, objected to SG’s statement and said such statements were unbecoming of SG’s office. Replying to this, Mehta said “I will not lower the court’s dignity and my dignity by responding to such personal statements.”

In November 2022, the SC permitted felling of 84 trees to construct for a metro car shed project. The government has now moved an application as it seeks to fell additional trees after a new assessment revealed that many trees have cropped up since the last survey in 2019.

The SG said: “124 have to be cut and 54 can be transplanted. The tree authority has already granted permission, however someone moved the Bombay HC before we could seek SC’s permission, hence the delay in carrying on with the project.”

The court has now adjourned the case since the parties objecting to felling the trees have sought time to file a response to government’s plea.

The felling of trees in the colony has been opposed by green activists and residents. In their first cabinet meeting held hours after coming to power, Maharashtra Chief Minister Eknath Shinde and his deputy Devendra Fadnavis had taken the first step towards overturning the previous Uddhav Thackeray-led MVA government's decision of relocating the proposed car shed project from Aarey Colony.

Incidentally, Thackeray, immediately after becoming the chief minister in November 2019, had announced a stay on the construction of the proposed project and later ordered it be shifted to Kanjurmarg.

The Bombay High Court in October 2019 refused to declare Aarey Colony a forest and declined to quash the Mumbai municipal corporation's decision to allow felling of over 2,600 trees in the green zone to set up the metro car shed.

The SC took suo motto conginsance of the issue and ordered a status quo on felling of trees in Aarey Colony. However, it later clarified that there was no stay on construction of the Mumbai Metro car shed at Aarey Colony and the status quo order is only applicable on felling of trees there.

Since the SC’s order, the government had to take the court’s permission to fell the trees in Aarey colony.