Supreme Court Directs Mumbai Forest Conservator To File Affidavit On Status Of Compensatory Afforestation
An Interim Application was filed by the Tree Authority of the Municipal Corporation of Greater Mumbai for cutting of 95 trees in first phase of Goregaon-Mulund Link Road Project to strengthen the connectivity between Easter and Western suburbs of Greater Mumbai.
CJI B.R. Gavai, Justice K. Vinod Chandran, Supreme Court
Today, the Supreme Court ordered the Conservator of Forest, Mumbai to file an affidavit showing the present status of the compensatory afforestation in lieu of the cutting of trees.
An interim application was filed by the Tree Authority of the Municipal Corporation of Greater Noida in the Suo-moto petition. The application was necessitated in view of the order of the Supreme Court on February 10, 2025 prohibiting the Tree Authority of the Mumbai Municipal Corporation from granting permission to fell trees in Mumbai's Aarey Colony without the leave of the Supreme Court.
The Bench of Chief Justice B. R Gavai and Justice K. Vinod Chandran directed the Conservator of Forest, Mumbai to place on record the affidavit showing the presentation status of the compensatory afforestation undertaken.
The Advocate appearing for the Project Proponent submitted that, as per the order dated July 29, 2025, they had to place on record the report of the Experts showing that no other alternative was available than the cutting of trees and the plan for compulsory afforestation.
Subsequently, the Advocate referred to the Affidavit of Tree Authority, wherein the draft approval of Tree Authority was highlighted. "You are directed to plant 1344 trees in lieu of the trees permitted to cut...", the Advocate further apprised the Court. Thus, the requirement was to plant 1344 trees to cut 95 trees.
Upon which, the Counsel appearing for the Petitioners submitted that the geo-tagging of trees should be done.
Thereafter, the CJI asked about report of the Experts showing that no other alternative was available than to cut 95 trees.
Upon which, the Advocate relied on the report of IIT, Bombay. "There were four reports on the basis of which Bombay, IIT recommended...The location is far from the Sanjay Gandhi National Park boundary, hence, negligible disturbance would be caused to flora and fauna within the SGNP. Further, there will not be any adverse affects of these tunnels in the ground water regime, water supply system... these tunnels have been designed considering the sysmic effect, which is a pre-requisite considering the sensitivity of the project...", submitted the Advocate.
Again, the Counsel for the Petitioners submitted that there is no report of the compensatory afforestation.
Henceforth, the CJI recorded in its order, "The Project Proponent has come to the conclusion that there is no other alternative than remove this 95 trees based on the expert committee report."
"As far as compensatory afforestation is concerned...the Project Proponent has been directed to plant 1344 trees in lieu of trees to be cut...", the Court continued to record in its Order.
Subsequently, the Court directed the Conservator of Forest, Mumbai to place on record the affidavit showing the presentation status of the compensatory afforestation undertaken.
Accordingly, the Interim Application was allowed by the Supreme Court, granted felling of 95 trees.
Background
The Tree Authority is a statutory body constituted under the Tree Authority Act, 1996 for regulating the felling of trees and to provide for planting of adequate number of new trees. In December 2024, the Court had directed the Maharashtra government to state whether there was any proposal to fell more trees in the Aarey colony.
The felling of trees in the Aarey colony has been opposed by environmental activists. In November 2022, the Court noted that 2,144 trees were felled in executing the work pertaining to the car depot, while 212 trees were felled in connection with the work of the ramp connecting to the metro shed.
On July 29, 2025, the Supreme Court said that no doubt the protection of environment is important but at the same time, the necessity for developmental activities cannot be ignored and granted permission for felling of the 95 trees in the Film City area at Mumbai for the digging of tunnel from Goregaon.
Earlier, the Supreme Court passed an interim Order prohibiting the Tree Authority of the Mumbai Municipal Corporation from granting permission to fell trees in Mumbai's Aarey Colony without the leave of the Supreme Court.
In April 2023, the Supreme Court had imposed a fine of ₹10 lakh on MMRCL for seeking to cut trees in excess of 84 trees, in violation of the Court's Judgment. "If circumstances had transpired which led to a variation in the number of trees to be cut, the only correct course of action would have been to move this Court", the Court said. It, however, allowed the MMRCL to remove 177 trees from the Aarey forest to construct the metro shed, which the Tree Authority had earlier approved.
Cause Title: In Re Felling Of Trees In Aarey Forest (Maharashtra) [SMW(C) No. 2/2019]
