Supreme Court ordered status quo on cutting of the trees of Aarey Colony in Mumbai, till the further orders.

Rohit Pradhan | 7th October 2019

Background:

 Two judges bench comprising of Justice Arun Mishra and Ashok Bhushan was constituted after numerous law students wrote letter to C.J.I Ranjan Gogai seeking urgent intervention by the Supreme Court to stop the cutting of the trees in the Aarey Colony.

Previously Bombay High Court rejected the application, which seek to prohibit the cutting of trees in the Aarey Colony on the ground that such issue had already been decided by a co-ordinate bench earlier.

Petitioner pleaded for the ‘stay’ until they approach the Supreme Court, as in the lieu of holidays, Petitioners may cut the tree; but the said plea was rejected by the Bombay High Court.

Curfew was imposed under Section 144 CrPC, several protestors were arrested and authorities proceeded the cut the trees in that region.

Counsel for the State:

No further trees will be curt and the legality of it can be decided by the environment bench after the Dusshera vacation.

Counsel for the Petitioner:

It was contended that the question as to, ‘whether the Aarey is a forest or not’ is pending before the Supreme Court. NGT is yet to decide if such area can be considered as an ‘eco sensitive zone’. Therefore the Authorities should have refrained itself from cutting the trees until further clarities comes over.

It was further submitted by the Petitioner that, Bombay High Court clearly gave the oral observation that, no further tree shall be cut until the matter is decided by the Supreme Court.

Court’s direction:

Release of all the environmental activists who were detained over their protest.

Put Stay over the cutting of the trees until the matter is decided by the Court.

Next hearing on this matter will be heard on 21^st October 2019.