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Indian Express
a day ago
- Politics
- Indian Express
‘Sustainable development also has to be permitted': SC refuses to halt felling of trees for Mumbai tunnel project
The Supreme Court on Tuesday refused to intervene with the permission granted for clearing trees to dig a shaft for lowering a boring machine to construct a tunnel linking Goregaon and Mulund in Mumbai. However, it said that the permission will be subject to the project proponents submitting a plan for compensatory afforestation and a report by experts on the need to cut the trees. 'Environment has to be protected, but sustainable development also has to be permitted,' Chief Justice of India B R Gavai, presiding over a two-judge bench, said. The Supreme Court then granted permission to the Maharashtra tree authority 'to proceed further with the application of the project proponent seeking permission for felling of the trees'. 'However, we clarify that no trees shall be actually felled without the permission of this court. We direct the project proponents to place on record the report of the experts showing that no other alternative than felling of 95 trees for digging of the shaft is available. The project proponent will also place on record the plan for compensatory afforestation to compensate for the loss of trees that would be felled for digging the shaft,' the bench also comprising Justice Vinod Chandran said in its order. Senior advocate Mukul Rohatgi, appearing for the project proponent, said the expert report is ready and will be submitted to the court. He pointed out that, as per the report, 11,000 trees will have to be planted as compensation. While only 95 trees are planned to be cut in the first phase, the entire project would necessitate 1,094 trees to be cut. 'No doubt that the protection of environment is important, as has been consistently held by us that the resources are held in trust for the future generations. However, at the same time, the necessity for carrying out developmental activities cannot be ignored,' the bench said. 'If the country has to progress, the development of infrastructure is also necessary. Unless a proper infrastructure is put in place, the country cannot progress. No doubt that while permitting such development, steps needs to be taken that least damage is caused to the environment. Further compensatory measures which has to compensate the loss caused to the environment have to be undertaken. It has already been insisted that the number of trees to be planted is in multiples of the trees felled. Taking into consideration this aspect of the matter, we are inclined to allow the application,' the bench added. Appearing for activists opposing the tree felling, senior advocate Gopal Sankaranarayanan said the shaft area fell in the environmentally fragile Aarey colony, where a controversy had risen some years ago over the felling of trees for constructing a car shed for Phase 3 of the Mumbai Metro Line project. He pointed out that in the course of the proceedings in the Aarey matter, the Supreme Court had on December 20, 2024, asked Maharashtra if there was any proposal to fell more trees in Aarey colony. Pointing out that the proponent of the tunnel project had moved the tree authority much earlier than this, on March 4, 2024, Sankaranarayanan said that the state in its reply affidavit filed on January 8, 2025, said, 'As per reports from MMRCL [Mumbai Metro Rail Corporation Ltd], at present there is no tree cutting proposal of MMRCL pending with the tree authority of the municipal corporation.' Countering this, Rohatgi said, 'That was for Metro carshed project, nothing to do with the tunnel project.' He added that the place where the shaft is to be dug is not in Aarey colony, but is a part of the Film City area. 'This not part of Aarey colony. This is Film City… though it falls within Film City area, as a matter of abundant precaution, application was moved (before SC),' he said. 'This is literally death by a thousand cuts. Every three months, they will come with an application,' Sankaranarayan said. To this, CJI Gavai said, 'We also have a concern for the environment. See Coastal Road, how much it was opposed and how it has facilitated residents of Mumbai. A person can come from airport to South Mumbai within 30 to 35 minutes. Earlier, it used to take 1.5 hours. If one uses Atal Setu, one can go to South Mumbai from Vashi within 40 minutes. We have always advocated that environment has to be protected, but at the same time, sustainable development also has to be permitted.'
Indian Express
2 days ago
- Politics
- Indian Express
Supreme Court stays Uttarakhand HC order asking if official who can't speak English is fit to be a poll officer
The Supreme Court Monday stayed an Uttarakhand High Court order which asked the State Election Commissioner and chief secretary to examine if an officer of the rank of additional district magistrate who said that he was not proficient in speaking English, can 'effectively control' an executive position. 'Until further order(s), there shall be a stay of the impugned judgment and order dated 18.07.2025 passed by the High Court of Uttarakhand,' a bench of Chief Justice of India B R Gavai and Justices Vinod Chandran and N V Anjaria said while issuing notice on the appeal by the state. Hearing a matter regarding the validity of the family register for finalising panchayat electoral roll entries, the Uttarakhand High Court questioned the officer, who responded in Hindi. He was asked if he knew English, and the official said that he can understand the language when spoken to, but he cannot speak it. The high court then directed the State Election Commissioner and the chief secretary to examine whether an ADM rank officer, 'who claims to have no knowledge of English or, in his own words, inability to convey in English, would be in a position to effectively control an executive post?' The high court asked the assistant electoral registration officer whether an exercise had been carried out to authenticate the veracity of the entries of the family register, or whether any documents had been collected to ascertain the veracity of the claims made with the booth-level officer during the enumeration programme. The officers stated that, apart from relying on the family register, there is no other material. The HC said that the legislature has not considered the family register as a document that can be relied upon by the Electoral Registration Officer to finalise the electoral roll of each constituency. 'Despite this, the glaring fact which stares at us is the consistent submission of the learned counsel for the State Election Commission and the officers, ie the ERO and the AERO, that the only document that has been relied upon to include names of voters is the Family Register maintained under the UP Panchayat Raj (Maintenance of Family Registers) Rules, 1970,' the HC said. The court also said that if the sanctity of the family register as a valid document was high, the legislature would have referred to it in the Uttar Pradesh (Registration of Electors) Rules, 1994, which came about after the 1970 rules. The Uttarakhand High Court added that if this is being adopted for the preparation of the electoral rolls across the state, the legality of the exercise becomes 'questionable' and asked the State Election Commissioner and the chief secretary to appear virtually on the next date of hearing to look into the issue.
Time of India
2 days ago
- Politics
- Time of India
Supreme Court stays HC order on axing apple orchards on encroached forest land
Shimla: The Supreme Court on Monday stayed Himachal Pradesh High Court's July 2 order giving nod to axing of all apple orchards on encroached forest land in the state. The bench, comprising Chief Justice BR Gavai, Justice Vinod Chandran, and Justice NV Anjaria, however, allowed the state govt to auction the apple crop by taking over the encroached forest land without felling the fruit trees. Hearing a special leave petition moved by former deputy mayor of Shimla, Tikender Singh Panwar, and advocate Rajiv Rai, to prevent irreversible ecological and socio-economic harm in the ecologically fragile Himalayan state, the apex court put the state govt on notice along with other respondents to file a reply by Sep 16. After Himachal advocate general Anup Kumar Rattan submitted that the state govt has also challenged the high court orders, but its special leave petition was not listed on Monday, the apex court directed that both cases be tagged together. The bench was informed that implementing the HC order will lead to destroying 50,000 to one lakh apple trees across the state, out of which around 5,000 have already been brought down in Shimla district, petitioner's counsel Subhash Chandran KR told TOI. Such large-scale tree felling, particularly during the monsoon season, significantly heightens the risk of landslides and soil erosion in Himachal Pradesh, a region known for its seismic activity and ecological sensitivity, the petitioners stated. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Treatment That Might Help You Against Knee Pain Knee pain | search ads Find Now Undo It was highlighted that apple orchards, far from being mere encroachments, contribute to soil stability, provide habitats for local wildlife, and form the backbone of the state's economy, supporting the livelihoods of thousands of farmers. They further mentioned that the destruction of these orchards threatened not only environmental stability but also the fundamental right to livelihood enshrined under Article 21 of the Constitution. Instead of felling the trees, the petitioners proposed sustainable alternatives such as state acquisition of orchards for public purposes, auctioning of fruit and timber, or utilisation of resources for farmer cooperatives or disaster relief initiatives. The petitioners also pointed out that the high court order disregarded the Supreme Court precedents that stress on the state's obligation to safeguard citizens' livelihoods, particularly in regions where agriculture is a primary economic activity. MSID:: 122956582 413 |
Indian Express
7 days ago
- Politics
- Indian Express
Supreme Court to decide on fate of Bharat Stage VI vehicles in NCR next week
The Supreme Court Thursday said it will examine next week whether vehicles meeting the Bharat Stage (BS) VI emission standards can be allowed to operate in the National Capital Region (NCR) even after they have completed their life period. The announcement was made after a plea raising the question was mentioned before a bench of Chief Justice of India B R Gavai and Justice Vinod Chandran. Seeking an urgent hearing, the counsel who mentioned it said the Supreme Court itself had set the periods for which the vehicles can ply, and so the court's direction was needed for any modification. To fight air pollution, the National Green Tribunal (NGT) had in 2015 ordered that diesel vehicles older than 10 years and petrol vehicles older than 15 years should not be allowed to run in the NCR. This was subsequently upheld by the Supreme Court in 2018. The Delhi Government had recently tried to implement this rule, but the attempt was met with huge opposition from the public, following which the move was put on hold.
The Hindu
7 days ago
- Politics
- The Hindu
Supreme Court asks HC to hear Bhopal gas victims' claim of ‘misclassification' of illnesses on merits
The Supreme Court on Thursday (July 24, 2025) gave Bhopal gas disaster victims' rights groups liberty to approach the Madhya Pradesh High Court with their claim that survivors with lasting, severe injuries and illnesses were wrongly classified under 'temporary disablement' and 'minor injury' and under-compensated for years. A Bench of Chief Justice of India B.R. Gavai and Justice Vinod Chandran asked the High Court to decide the case on its own merits. The apex court clarified that it had not ventured into the merits of the plea. Senior advocates Raju Ramachandran, Karuna Nundy and advocate Prasanna S. appeared for the victims' groups, including Bhopal Gas Peedit Mahila Purush Sangharsh Morcha. Bhopal Union Carbide Toxic Waste Safely Incinerated After 40 Years They had urged the top court to direct the Centre to identify these 'misclassified' victims and categorise them correctly under the provisions of the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 so that they would receive adequate compensation to cover their medical treatment. The Centre had termed the Bhopal gas leak tragedy 'the world's largest industrial disaster'. Both the government and the Supreme Court had both agreed in the past that the loss of innocent lives in the aftermath of the fatal escape of Methyl Isocynate (MIC) gas from the Union Carbide India Limited (UCIL) plant in Bhopal, Madhya Pradesh, in the intervening night of December 2-3, 1984 was 'horrific' in every sense. 'A long history of litigation attempting to recover damages from the US-headquartered Union Carbide Corporation (now part of Dow Chemicals Corporation) ended with the dismissal by the Supreme Court of the curative petitions in July 2023 wherein it was made clear that any shortfall in compensation to be paid to the victims were a responsibility of the Union government,' the petition said. The organisations said they had data to show that survivors suffering from cancer and kidney failure as a result of toxic gas exposure were classified under the category of 'minor/temporary injury'. Bhopal gas tragedy: Supreme Court refuses to interfere with HC order on disposal of hazardous waste 'All these cases ought to have been added as a permanent disability category,' the groups had submitted.
