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Judgment
This original application is registered suo motu on the basis of the news item titled "Mumbai lost over 21,000 trees in 6 years to make way for Metro, road projects" appearing in the ‘Indian Express’ dated 26.03.2024.
The news item relates to the fast depleting urban green cover in Mumbai. As per the news item in last six years, the city has witnessed felling of at least 21,028 trees and that though the transplantation of trees has been done, but their survival rate was very low. As per the report, trees were felled largely to make way for development project such as Metro, Bullet Train, coastal road, Sewage Treatment Plant (STP) and Goregaon-Mulund link road among others. The news report further discloses that out of 4,338 trees transplanted in 9 wards, only 963 trees (22%) survived. In March 2022, Bombay Municipal Corporation (BMC) had released Mumbai Climate Action Plan (MCAP) with the aim to identify the growing concerns of climate change and to ideate solution to mitigate issues pertaining to growing environment challenges in Mumbai. As per the report, Mumbai has lost an urban green cover of 2,028 hectares which is more than the Aarey forest (1,300 hectares). Report also reveals that loss of green cover has contributed to 19,640.9 tonnes of carbon emission per year. It contains the report that Mumbai is a coastal city and it is surrounded by the Arabian Sea from three sides. The overall landmass that is required for adequate tree plantation is limited. Therefore, cutting of trees at large number is not advisable at all. Rather, the focus should be on preservation of trees. The news report also contains the opinion that cutting of so many trees within a short span is one of the contributing factors to high pollution in Mumbai because trees have a leaf area index that absorbs pollutants and keeps carbon footprint in check.
The news item raises substantial issue relating to compliance of the environmental norms and implementation of the provisions of Scheduled enactment.
Power of the Tribunal to take up the matter suo-motu has been recognized by the Hon’ble Supreme Court in the matter of “Municipal Corporation of Greater Mumbai vs. Ankita Sinha & Ors.” reported in 2021 SCC Online SC 897.
Hence, we implead the following as respondents in this OA:
(1). Central Pollution Control Board through its Member Secretary.
(2). Maharashtra State Pollution Control Board through its Member Secretary.
(3). Principal Chief Conservator of Forest (HoFF), Maharashtra.
(4). Municipal Commissioner, Bombay (Brihanmumbai) Municipal Corporation.
(5). District Collector/District Magistrate, Mumbai.
Learned Counsel appearing for Respondents No. 1, 2 and 4 seek three weeks’ time to file their response.
Let notice be issued to Respondents No. 3 and 5 for filing their response before the appropriate Bench of the Tribunal.
Since the matter relates to the Western Zonal Bench of the Tribunal, therefore, OA is transferred to the Western Zonal Bench, Pune for appropriate further action. Let the original record of the OA be transferred to Western Zonal Bench.
List before the Western Zonal Bench at Pune on 28.05.2024.