The Supreme Court modified its status quo order on the felling of trees in Mumbai's Aarey region for the metro car shed project on Tuesday, allowing the Mumbai Metro Rail Corporation Ltd (MMRCL) to pursue its application before the Tree Authority for permission to fell 84 trees. The division bench of Chief Justice of India DY Chandrachud and Justice PS Narasimha observed that the Maharashtra Government's new decision to re-locate the car shed at Aarey, after modifying its previous decision to move it to Kanjurmarg, relied on pertinent considerations and "it would be impossible for this Court to stay the decision at the interim stage".

The Supreme Court also noted that, on the surface, the Bombay High Court's decision to cut down the trees and locate the metro car shed in Aarey appears to be valid. The bench also pointed out that the Supreme Court had previously declined to grant interim relief against the project.

"In such projects involving large outlay of public funds, the Court cannot be oblivious of the serious dislocations caused if the public investment which goes into the project is disregarded. Undoubtedly, the concerns relating to environment are important, as all development must be sustainable", The bench noted that the State Government considered several factors, including the Central Government's letter and expert committee reports, before deciding that the original decision to allow the metro car depot for Metro line 3 at Aarey should be reinstated.

According to the Court, the tree authority will be free to make an appropriate decision on the MMRCL's application by imposing appropriate conditions. The Court observed that the Maharashtra Government's new decision to restore the car shed's location at Aarey, after changing its previous decision to relocate it to Kanjurmarg, was based on relevant considerations, and that "it would be impossible for this Court to stay the decision at the interim stage."

Based on a letter petition sent by a few law students opposing the cutting of trees for the construction of a metro car shed, the Supreme Court registered a suo motu case titled "In Re Felling Of Trees In Aarey Forest (Maharashtra)" in 2019. The actions of the Mumbai Metro Rail Corporation Ltd (MMRCL) and other authorities in cutting down trees in Aarey sparked widespread protests from environmental activists and city residents. On October 7, 2019, the Supreme Court ordered a halt to tree cutting after Solicitor General Tushar Mehta submitted on behalf of the State of Maharashtra that no further trees would be felled.

Case Title: In Re Felling Of Trees In Aarey Forest (Maharashtra)

Citation: SMW(C) No(s).2/2019