The Bombay High Court on Saturday refused to stay the clearing of trees at Aarey for Metro-3 carshed, saying it won't be proper to restrain the project implementing authority when the court has twice dismissed the contentions of those opposed to the depot. The rejection by a specially constituted bench was a second blow to the activists who wanted to stop the felling of over 2,600 trees till they could approach the Supreme Court. On Friday, the court had dismissed four petitions, including two challenging the approval of BMC's Tree Authority to the Mumbai Metro Rail Corporation Limited to chop trees for the carshed. The bench of Justice SC Dharmadhikari and AK Menon referred to the court's judgment of October 2018 as it disallowed the request by activist Zoru Bhathena. "We are of the firm opinion that the petitioners attempted to question the tree cutting at the site in not one, but two legal proceedings." The judges said one of those earlier petitions was also by Bhathena. "Now in the second round, all the petitions are dismissed by the detailed judgments…Once all the substantive proceedings are dismissed, it would not be proper to pass any restraint order..". Incidentally, last year's order that said 'Aarey is not a forest' had been passed by a bench headed by Justice SC Dharmadhikari. The Tree Versus Tracks Debate Those opposing the Metro carshed at Aarey Colony have accused the government of ignoring the environmental impact of the project. They say the project site is a green lung which absorbs harmful carbon dioxide. Here’s how Metro authorities have countered the charges: The 33.5-km Metro 3 will ferry 17 lakh commuters It will take 6.65 lakh vehicular trips off roads daily Reduction in fuel consumption 3.54 lakh litres a day 4 days of Metro operation will cut CO2 emission equivalent to that absorbed by 2,646 trees in a year 15 to 20% traffic will move to Metro from the suburban rail network Reduced load on locals will save lives. About 10 people die on train-related mishaps daily The bench said it "could not proceed on any oral understanding as there was nothing to show that a request was made to stay the implementation of the order." It said any relief (to Bhathena) at this stage would directly "contravene the observations, findings and conclusions in the detailed judgment". Bhathena's plea said the Tree Authority did not follow rules laid down by the HC and flouted set procedure. "When the petitions were filed, the Advocate General appearing for the Mumbai Metro Rail Corporation Limited had assured the court that MMRCL is not in a hurry to cut the trees and hence no stay order was granted." After the pleas were dismissed on Friday, Bhathena said, the petitioners had sought a stay on felling of trees till they approached the SC. A division bench of Chief Justice Pradeep Nandrajog and Justice Bharati Dangre had orally rejected the request saying it expected that the Metro authorities would not immediately take any action, contended the activist. The activist's petition said that there was an urgent need for a stay as the Supreme Court is closed for Dussehra holidays next week. MMRCL opposed Bhathena's plea saying it was not proper to refer to any express understanding as they do not reflect in any official records. The HC had on Friday dismissed four petitions concerning Aarey by way of two judgments. While two challenging the clearing of trees were dismissed on the grounds that the Tree Authority had taken the decision in a fair manner, the court junked the other two saying the petitioners should move the SC and the National Green Tribunal for relief. It also fined one of the petitioners Rs 50,000.

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