The Supreme Court on Monday issued a sharp rebuke to the Maharashtra government regarding the compensatory afforestation undertaken in response to tree felling in the Aarey forest. An inspection revealed a concerning survival rate of only 50% among the over 20,000 saplings planted.
A bench, led by Chief Justice of India (CJI) Bhushan R. Gavai, expressed its displeasure, threatening to revoke all prior tree-felling permissions due to the state’s perceived lack of sincerity in complying with court orders. The court mandated that the state’s chief secretary present concrete plans for the management and protection of compensatory afforestation trees by November 10.
This action stems from an application filed by the Mumbai Metro Rail Corporation Limited (MMRCL) seeking permission to cut trees for the Goregaon-Mulund Link Road (GMLR) project, which connects Filmcity, Goregaon, to Khindipada. The application was considered within a larger suo motu case initiated in 2019 concerning the protection of the Aarey Forests, Mumbai’s crucial green lung.
Previously, on August 14, the court had allowed MMRCL to remove 95 trees, contingent on planting 1344 saplings as part of compensatory afforestation. The court had also directed the Conservator of Forests to report on the health status of saplings planted over the past decade.
The report submitted by Anitta Patil, Director of Sanjay Gandhi National Park (SGNP) and an official in the state forest department, indicated that upon inspecting the designated compensatory afforestation sites, only 50% of the 20,460 planted saplings were found to be surviving.
Furthermore, the surviving trees exhibited stunted and irregular growth, with most measuring only 1-2 feet in height. This poor development was attributed to insufficient ongoing maintenance, adverse natural conditions like shallow soil and water scarcity, and the absence of fencing to prevent grazing and encroachment.
“If this is your conduct and your concern for the environment, we will recall all permissions that we have granted,” stated the bench, which also included Justice K. Vinod Chandran.
MMRCL had also submitted an additional application to fell 1039 trees for the GMLR project’s tunnel work. The court has deferred a decision on this application pending the chief secretary’s response.
The bench emphasized that such orders are issued in the interest of sustainable development, highlighting the court’s consistent effort to balance development needs with environmental protection. It noted that while development projects should not be stalled, the environment must be safeguarded.
The court further observed, “Taking into consideration the larger public interest of sustainable development, if this court has granted permission for felling of trees, we find that the state or authorities have not attended to the same with the sincerity it required.”
Represented by senior advocate Maninder Singh, the state acknowledged that the norms for compensatory afforestation were found to be lacking to some extent. The bench responded sharply, “It is not some, it is gross. You file an affidavit or else we will recall our orders. We won’t permit you in such a manner.”
The Forest Conservator’s report, dated October 15, detailed that out of the 20,460 saplings planted under Compensatory Afforestation and CSR plantation schemes funded by MMRCL, approximately 50% had survived according to field verification and records.
The report recommended implementing adequate protection measures, regular monitoring, and maintenance to ensure the long-term survival of these saplings and to support ecological restoration in the region.
Petitioners, including civil society members and non-profit organizations opposing MMRCL’s application, pointed out that the report suggested trees failed due to unsuitable conditions, such as rocky terrain and limited water availability.
The court questioned the choice of plantation sites, stating, “You choose a site which is not suitable for plantation. Is this the sincerity with which you are dealing with the court’s orders?”
Senior advocate Gopal Sankaranarayanan, representing a civil society group, cited an inspection report that indicated no visible plantation at one of the sites (Ram Gad plantation area) despite official records. The report also noted that the irrigation pipeline system in the area was largely damaged, with only a small, solar-powered pipeline remaining operational.
Additionally, a 2023 report by IIT-Bombay had recommended that MMRCL undertake an additional plantation of 3500 saplings to compensate for those that did not survive. MMRCL had applied for additional land in May 2025, and the state forest department allocated 15 hectares in September.
Following a Supreme Court order on January 10, 2025, the Tree Authority is prohibited from processing any requests for tree felling in the Aarey forest region. This led the Tree Authority to approach the court for permission to fell trees for the GMLR project.
The court had previously directed the state government in October 2019 and April 2023 to provide updates on trees planted during development projects requiring tree removal or translocation in Aarey forest, but these directives were not followed.
It was also highlighted that under the Maharashtra (Urban Areas) Protection & Preservation of Trees Act, 1975, the state is obligated to geo-tag trees and conduct afforestation by planting suitable species.
MMRCL had agreed to geo-tag transplanted and new trees. In its latest application, the company explained that the GMLR project aims to improve connectivity by serving as a fourth East-West corridor, complementing existing routes. The project’s length has been extended, requiring an additional 600 meters for each tunnel, for which more trees are slated for felling.