Bombay High Court halts felling of 177 trees till clarification from Supreme Court : Bombay High Court
The Bombay High Court passed a order on 31 March, 2023.This was seen in the case of Zoru Bhathena v. Tree Authority (BMC) & Ors. 8655 OF 2023 and the case was presided over by Hon’ble Justice SV Gangapurwala and Justice Sandeep Marne .
FACTS OF THE CASE:
In this case the petitioner Zoru Bhathena, who had challenged the order of the tree authority of Brihanmumbai Municipal Corporation (BMC) permitting the felling of 177 trees.
OREDER OF THE CASE:
The Court, however, expressed its apprehension in trying to ‘clarify or interpret’ an order of the Supreme Court, especially when the matter was pending before it.“If the petition was before us without there being a pending petition before the Supreme Court, we could have decided the petition. But our question remains -can we modify a Supreme Court order? When specific figures are mentioned and an earlier embargo order is modified…” .It also specifically acknowledged the importance of the project and the need to maintain ecological balance. “There is no doubt that the metro project involves public interest and public purpose. There cannot be any debate in the proposition that the balance has to be struck between sustainable development and ecology,” the order stated.
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JUDGEMENT REVIEWED BY ARCHLA.