“Conscious Of Plight Of Birds”: Madhya Pradesh High Court Directs Cutting Of Trees In Phased Manner For Indore Metro Project; Directs Planting Of 2500 Trees

The Petitioner sought issuance of a direction to prevent cutting of the trees and destroying the nests and habitat of the birds from the Rani Sarai Land.

The Bench comprising Justice Subodh Abhyankar and Justice Jai Kumar Pillai ordered, “We hereby direct the respondents not to cut all the trees at once or in any random manner, but they should do so only under the supervision and consultation with at least two ornithologist/bird experts who would advise them how to cut the trees or prune branches in a phased manner, over a period of time, because if all the trees are cut at once, it would certainly cause extreme distress and shock to the birds, from which they may never recover, however, by adopting a slow and systematic method of cutting trees and branches, the birds who come to roost may at least try to settle on to some other trees adjacent to the present site/area, which, even according to the petitioner, are still not inhabited by the birds.”

“The respondents are also directed to comply with the undertaking given by them of planting 2500 trees. A report in this regard may also be submitted with the Registry of this court, within one year from today.”

Advocate Lavesh Saraswat represented the Petitioner while Government Advocate Pradyumna Kibe represented the Respondent.

Factual Background

The petitioner was aggrieved by the proposed construction of the underground Metro Station at Rani Sarai land (S.P. Office Premises Indore), which would require the felling of more than 150 trees on which nests of 1000 birds would be destroyed, which is their only habitat left in the city of Indore. The petitioner was also joined in his cause by the intervener, the Nature Volunteers’ Society. The petitioner claimed that there were alternative lands available around the Rani Sarai, including that of Regal Talkies, Gandhi Hall, and Pritamlal Dua Sabhagrah, and the lands available in and about the said areas could be used for the construction of underground metro stations.

Reasoning

The Bench noted that the petition was decided on May 3, 2026, and it was held that the Court, while exercising the jurisdiction under Article 226 of the Constitution cannot act as an expert body, sitting in the armchair of technical experts as to what should be the route of the metro line, and the same could not be the subject matter of judicial scrutiny. The Bench noted that, as per such order, the Court had already taken into consideration the route, which was sanctioned for the metro rail project, and apparently the aforesaid order attained finality and was also binding on the Court.

Holding that the petitioners had already lost the petition even before it was filed, the Bench stated, “In such circumstances, no case for interference is made out.”

The Bench, however, stated, “Having said so, as we are also conscious of the plight of the birds and are also duty bound to make our best efforts to alleviate their sufferings, thus, in order to ensure that the least amount of inconvenience is caused to the birds.

Decision

The Bench thus directed the respondents not to cut all the trees at once but do so only under the supervision and consultation with at least two ornithologist/bird experts who would advise them how to cut the trees or prune branches in a phased manner.The Bench concluded the matter by ordering that a remuneration of Rs 10,000 each be paid to the bird experts for the services to be provided by them

Cause Title: Priyanshu Jain v. Union of India and Others (Neutral Citation: 2026:MPHC-IND:28553)

Appearance

Petitioner: Advocates Lavesh Saraswat, Shivendra Singh Parihar

Intervenor: Advocate Abhinav Dhanodkar

Respondent: Government Advocate Pradyumna Kibe, Advocates Amol Shrivastava, Kamakshi Singh

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