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Bombay HC refuses to declare Aarey a forest, dismisses petitions against felling of 2,600 trees

Bombay HC refuses to declare Aarey a forest, dismisses petitions against felling of 2,600 trees

The Bombay High Court on Friday refused to declare Aarey Colony a forest area and also declined to quash a BMC decision allowing felling of over 2,600 trees in the suburban green zone for a metro car shed.

A bench of Chief Justice Pradeep Nandrajog and Justice Bharati Dangre dismissed four petitions filed by NGOs and environment activists related to Aarey Colony in Goregaon, a major green lung of the metropolis.

The division bench dismissed a plea by the city-based NGO Vanshakti to declare Aarey Colony a forest area.

"The issue is pending before the Supreme Court and the National Green Tribunal. Hence, we are dismissing the petition on the principle of commonality and not on merits," the court said.

It also dismissed a petition filed by activist Zoru Bathena seeking that Aarey be declared a floodplain and challenging the civic body's approval to Mumbai Metro Rail Corporation Ltd to cut 2,656 trees in Aarey Colony to set up a car shed.

The bench imposed a fine of Rs 50,000 on Shiv Sena corporator Yashwant Jadhav, who had filed a plea against the approval granted by the Brihanmumbai Municipal Corporation's tree authority.

Jadhav is a member of the tree authority.

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