Before :- Arun Mishra and Ashok Bhushan, JJ.
Suo Moto Writ Petition (Civil) No.2 of 2019. D/d. 7.10.2019.
Re: Felling of Trees in Aarey Forest (Maharashtra) - Appellant
For the Petitioners :- Sanjay Hegde, Sr. Adv., Siddhartha K. Garg, Advocate.
For the SLP Diary 14849/19 :- Zaman Ali, Ms. Gunjan Singh, Siddharth Acharya, Ankur Kumar, Satya Mitra, Advocates.
For the SLP Diary 36651/19 :- Gopal Sankaranarayanan, Sr. Adv., Ms. Pooja Dhar, Shurtanjaya Bhardwaj, Ms. Harish Rishika, Neel Kamal Mishra, Advocates.
For the WP(C) 1132/19 :- Dr. J.P. Dhanda, Ms. Raj Rani Dhanda, R.K. Gupta, Advocates.
For the Respondents :- Tushar Mehta, SG, Ashish Wad, Mrs. Jayashree Wad, Sidharth Mahajan, Ms. Sukriti Jaggi, Ajeyo Sharma, D.L. Chidananda, G.S. Makker, Advocates.
For MMRC :- Maninder Singh, Sr. Adv., Ms. Rukhmini Bobde, Kumar Shashank, Nivesh Kumar, Ms. Shagufa Salim, Aviral Kapoor, Vishal Prasad, Nishant R. Takneshwarkar, Nishant Sharma, Advocates.
ORDER
S.L.P.(C) No.31178/2018, S.L.P.(C) Diary No.14849/2019, Writ Petition (C) No.1132/2019 and S.L.P(C) Diary No.36651/2019
On mentioning, these matters are taken on Board.
2. Tag S.L.P.(C) No.31178/2018, S.L.P.(C) Diary No.14849/2019, Writ Petition (C) No.1132/2019 and S.L.P(C) Diary No.36651/2019 with S.M.W.P. (C) No.2/2019, for being heard together.
SUO MOTO WRIT PETITION (CIVIL) No.2/2019
3. We have heard learned counsel for the parties at length.
4. It is pointed out from the record of S.L.P.(C) No.31178 of 2018, as seen from the Management Plan for Sanjay Gandhi National Park, Borivali, Mumbai, some of the areas of the Aarey Milk Colony were transferred to revenue lands from the un-classed forests. However, identity of the area is to be established by the petitioners, though, it was orally stated that the area in question fell in the un-classed forest. Be that as it may.
5. Shri Tushar Mehta, learned Solicitor General appearing for the State of Maharashtra has stated that they are not going to cut any further trees till the next date of hearing. In the circumstances, the statement is quite fair. It is stated by Mr. Mehta that the incumbents who have been arrested have been released. It is further submitted that in case anybody has not been released so far, he/she be released immediately on furnishing personal bond. Let the statement made be carried out in pith and substance.
6. Parties may exchange the documents in the meantime. As prayed for jointly by the learned counsel for the parties, list these matters before the Forest Bench on 21st October, 2019, as the said Bench is hearing the matter pertaining to the similar issues in T.N. Godhavarman's case.
7. As undertaken, status quo be maintained till the next date of hearing with respect to cutting of trees.
