The Supreme Court today directed the Central Empowered Committee (CEC) under the Ministry of Environment, Forest and Climate Change to assess the felling and transplantation of trees for the Kolkata metro construction. 

A three-judge bench comprising Justices B.R. Gavai, K.V. Viswanathan, and Prashant Kumar Misra is currently hearing a Special Leave to Appeal filed under Article 136. This appeal challenges the Calcutta High Court's order, which refused to stop the construction work for a metro station in Kolkata's Maidan area, necessitating the uprooting of approximately 700 trees near the Victoria Memorial.

Before the High Court, the current petitioner sought to halt the Rail Vikas Nigam Limited (RVNL) from proceeding with its construction work. They requested a review of the proposed project by independent experts to assess and provide a report on the feasibility of transplanting the trees.

On June 20, Chief Justice TS Sivagnanam and Justice Hiranmay Bhattachary emphasized the need to balance public interest with ecological protection.

Today, Senior Advocate Jaideep Gupta reiterated that 923 trees are set to be uprooted for the construction of the metro rail without the necessary permissions from the authorities. He clarified that the petitioners are not opposed to the construction of the metro rail itself.

Gupta stated that the 923 trees in question are among the tallest and oldest in the area, and noted that the Forest Department has granted permission for only 29 of them. He argued that the remaining trees are claimed to be covered by the concept of transplantation, which involves relocating mature trees from their original locations to new sites. Gupta contended that the High Court erred by not considering the significantly low survival rate of transplanted trees, raising concerns about the potential loss of tree cover in the Maidan area. He also referenced the Supreme Court's judgment in T.N. Godavaraman Thirumulpad v. UOI (2006).

Counsel for the State, Advocate Srisatya Mohanty, requested additional time, stating that they had yet to receive instructions on the matter. In response, Justice Gavai remarked that the State has been escalating the project daily and noted, "They should have received instructions by now."

Advocate Saurav Singh(for Rail Vikas Nigam Limited) stated that in the counter submitted, they mentioned that permission is not required because the trees are being transplanted.

Gupta argued: "They are saying no competent authority to be approached for transplantation."

Justice Gavai remarked that even if the issue involved transplantation, permission would still be necessary. Solicitor General Tushar Mehta, representing the Union, vehemently opposed the petitioners and questioned their locus standi, stating, "This is for the lifeline of Kolkata."

He submitted that the project is in the public interest and added: "I can understand the affected party. If there is a public interest, the public interest litigant has to satisfy the countervailing interest."

Gupta replied: "Maidan does not belong to anybody so the only affected are the public."