The Bombay High Court dismissed on Friday a clutch of petitions, including two that had challenged the Tree Authority's decision to clear over 2,600 trees at Aarey Colony to make way for the Metro 3 car depot. One of these petitions, filed by Shiv Sena corporator Yashwant Jadhav, also opposing the nod by the BMC's Tree Authority was trashed but not before imposing Rs 50,000 as fine on the petitioner. Activist Zoru Bhathena and corporator Jadhav were against the Tree Authority's approval of August 29 for removal of 2,646 trees. According to Metro authorities, 461 will be transplanted. A division bench of Chief Justice Pradeep Nandrajog and Justice Bharati Dangre said that the petition filed by Jadhav is "sheer voyeurism and sans any material particulars and bereft of concise statement of material facts" regarding the disputed Tree Authority meeting. Jadhav's as well as Zoru's petition had said that the Tree Authority members had not got adequate time to study the report of the Tree Authority as the notice of the meeting had reached them only a day before and the documents spanned 986 pages. The HC said these grievances were "patently false". Greater Good Dismissed clutch of petitions, including those that challenged decision to clear over 2,600 trees to make way for carshed Tree Authority fined Rs 50,000 for its ‘frivolous application’ The judges noted that the court had summoned for records and found that the notices had been despatched on August 23 at 8.30 pm. It also noted that "622 out of 986 pages were simply a list of trees with details and thus the number of pages to be read was only 364", for which five days were enough. The court also remarked that it was sad to note that two members of the Tree Authority had walked out of the meeting when it was not adjourned, but had asserted that the voting that took place later was a farcical one. The HC said, "If they were not present at the voting, the question of the two asserting a fact/event having taken in their presence is a false assertion." It said such acts would "attract the offence of perjury, but we leave it at that.." hoping that representatives of the people do not play partisan games in a court of law. The HC said, "...the views of the experts...were duly considered by the Tree Authority and for good and valid reasons, in part were accepted and part were rejected." It also said that all proposals of the experts, except two, were accepted and hence that it was not inconceivable that experts who had opposed the proposal in writing would change their view. It held that the Tree Authority decision was "fair, transparent and based on reason" and said that the "Greens fail in these two petitions on merit". The HC clubbed two more petitions, one by NGO Vanashakti and activists and the other by Bhathena. The Vanashakti petition had sought that the court direct the government to declared Aarey a 'reserved' or 'protected' forest and restrain them for granting permission for any development in the area. Bhathena's petition had sought that the car shed not be constructed at the floodplains of the Mithi river at Aarey. The HC said that since the word 'forest' has not been defined in the Indian Forest Act, the dictionary meaning - large tract of land with tree cover and no agricultural activity – will have to be adopted. However, it said, "The problem is - what would be the measure of a large tract of land? Regretfully the State of Maharashtra has not formulated any policy.." as it noted that Gujarat had done. It said that the petitioners instead of approaching it, should have approached the apex court or the National Green Tribunal which are already dealing with connected matters and that they are bound by the decision of a co-ordinate bench of the HC. Justice SC Dharmadhikari's October 2018 judgment had observed that Aarey is not a forest. "Co-ordinate division bench decision of this court ties our hands," the HC said. It said "Repeatedly, Davids (environmentalists) take on Goliaths (Industrialists). Relationship with nature and love for the environment alone is true and all other relationships are unreal and temporary, is their belief. Their hearts are a temple of devotion to flora and fauna. In the instant case, the Davids row their boat with faith, courage and devotion in the storm of development; but directionless. The Greens fail in the instant petition because they have lost touch with the procedure to be followed as per law." The court also noted that the government's submissions 525 hectare land has already been diverted to 24 departments and the map of Aarey colony shows that these diversions are spread over 1280 hectare. It inferred that "what was originally a forest has degenerated and the clock cannot be put back."

Stay updated with all the Mumbai Latest News headlines here. For more exclusive & live news updates from all around India, stay connected with NYOOOZ.