Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Environment – Felling of trees |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Forest Conservation Act, 1980 (69 of 1980) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Environment – Felling of trees – By order dated 29.11.2022, MMRCL was permitted to move the Tree Authority on its application for felling of 84 trees – On 02.01.2023, MMRCL, however, sought permission to cut 185 trees, without moving Supreme Court – On 15.03.2023, the Superintendent of Gardens and Tree Officer granted permission for felling 124 trees and transplanting 53 trees, subject to the condition that 1533 trees would be planted on the property – The High Court held that propriety would require that trees shall not be felled in pursuance of the order dated 15.03.2023 until a clarification was sought from Supreme Court – Application for clarification filed in Supreme Court – Held: It was improper on the part of MMRCL to move the Tree Authority for the felling of any trees in excess of 84 trees – 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 Supreme Court – Now, any direction to stay permission granted on 15.03.2023 would bring the public project to a standstill – Therefore, the previous order is modified by permitting MMRCL to act in compliance with the order dated 15.03.2023 – However, it would be necessary to penalize MMRCL for its conduct – MMRCL directed to deposit an amount of Rs. 10 lakhs with the conservator of forests – Conservator of Forests to ensure all directions issued with regard to afforestation and for transplantation of trees are complied with and submit report – I.A. disposed of. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2023 INSC 381 |
Petitioner | In Re: Felling Of Trees In Aarey Forest (maharashtra) |
Respondent | In Re: Felling Of Trees In Aarey Forest (maharashtra) |
SCR | [2023] 6 S.C.R. 392 |
Judgement Date | 2023-04-17 |
Case Number | 2 |
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