Mumbai: The National Green Tribunal on Thursday said the matter concerning the declaration of Aarey Colony as a forest, where the Metro 3 depot has been planned, did not come under its jurisdiction.
The NGT made its observations while hearing the petition filed by non governmental organisation Vanashakti to declare Aarey Colony as a forest as it runs till the Sanjay Gandhi National Park, with the same flora and fauna. The NGT requested Vanashakti to withdraw the application and asked them to approach the constitutional courts.
Vanashakti Director Stalin Dayanand said, “We were told that they (NGT) didn’t have the power to declare Aarey as a forest area and asked us to approach the High Court or the Supreme Court.” The petitioners, following the NGT request, withdrew their petition and are exploring the future course of action.
The development may provide some relief to the Mumbai Metro Rail Corporation Limited (MMRCL), as the NGT had issued an interim stay, restraining MMRCL from doing any work on the car shed in Aarey while the matter was being heard. Commenting on the outcome, Ashwini Bhide, MMRCL Managing Director, said, “With this, all legal hurdles are cleared and car depot works can progress in full swing.”
MMRCL in a statement said that since the Ministry of Environment, Forest and Climate Change had excluded the land earmarked for a car depot in Aarey while declaring it an Eco Sensitive Zone, their plea was not valid any more.
Vanashakti has been fighting the case in the NGT for nearly three years and Mr. Dayanand said they will continue the fight. The petition was earlier being heard by the Divisional Bench of NGT at Pune and was transferred to the Principal Bench in Delhi in January this year. The Principal Bench had in May issued an interim order restraining MMRCL from the dumping of debris, reclamation and cutting of trees while the matter was being heard.