Supreme Court Slams Maharashtra Over Poor Compensatory Afforestation in Aarey Forest

1. Background of the Case

The Supreme Court of India, led by Chief Justice Bhushan R. Gavai, has severely criticised the Maharashtra Government for its poor record in carrying out compensatory afforestation in the Aarey region.

The issue came up during the hearing of an application filed by the Mumbai Metro Rail Corporation Limited (MMRCL) seeking permission to cut trees for the Goregaon–Mulund Link Road (GMLR) project, a tunnel connecting Filmcity in Goregaon with Khindipada in Mulund.

An inspection report presented by Anitta Patil, Director of Sanjay Gandhi National Park (SGNP), revealed that out of 20,460 saplings planted as compensatory afforestation, only 50% survived. Most surviving trees were poorly maintained, with stunted growth, low height, and little ecological recovery due to lack of maintenance, poor soil conditions, water scarcity, and grazing.

2. Supreme Court’s Observations

The bench comprising CJI Bhushan R. Gavai and Justice K. Vinod Chandran expressed sharp disapproval of the State’s lax attitude, stating:

“If this is your conduct and your concern for the environment, we will recall all permissions that we have granted.”

The Court noted that despite its previous directions issued in 2019 and 2023 to maintain and report on afforestation efforts, the State had failed to comply.

The Court directed the Chief Secretary of Maharashtra to submit a concrete proposal by November 10 for effective management, monitoring, and survival of planted trees, warning that the permissions granted for tree felling may be withdrawn if the government continues to display negligence.

3. Facts and Reports Presented

  • Saplings Planted: 20,460 (under Compensatory Afforestation and CSR Plantation Schemes funded by MMRCL)

  • Survival Rate: Approximately 50%

  • Condition: Irregular growth, mostly 1–2 feet in height

  • Causes: Lack of maintenance, water scarcity, absence of fencing, unsuitable site selection

  • Additional Findings:

    • Damaged irrigation pipeline system

    • Missing plantation at recorded sites (as per Collector’s random sampling report)

    • IIT-Bombay’s 2023 report suggested replanting 3,500 saplings to compensate for losses

The Forest Department report (October 15, 2025) confirmed these findings and recommended that strict monitoring, fencing, and long-term maintenance be implemented to ensure sustainability.

4. Legal Framework: Statutory Provisions Involved

(a) Compensatory Afforestation under the Forest (Conservation) Act, 1980

  • Section 2: Restricts de-reservation or use of forest land for non-forest purposes without prior approval of the Central Government.

  • Compensatory Afforestation Scheme (MoEF Guidelines, 2009): Mandates reforestation equal to or double the area of diverted forest land.

The MMRCL was obligated under these provisions to ensure compensatory afforestation was effectively carried out, monitored, and reported.

(b) Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975

  • Section 8(2): Requires permission from the Tree Authority for felling trees in urban areas.

  • Section 21: Obligates the authority to undertake compensatory plantation.

  • Geo-Tagging Requirement: As per 2025 court orders, Maharashtra was directed to geo-tag all transplanted and newly planted trees to track survival and maintenance.

The failure to maintain plantation sites and misrepresentation of data amount to non-compliance with statutory obligations under this Act.

(c) Environmental (Protection) Act, 1986

  • Section 3 & 5 empower the Central Government to take necessary measures to protect and improve environmental quality, including issuing directions for restoration and compensation for ecological damage.

  • The Supreme Court’s environmental jurisdiction derives from its authority to ensure compliance with these statutory duties through Article 32 and Article 142 of the Constitution.

5. Constitutional Provisions Implicated

Article Provision Relevance
Article 48A Directive Principle – State shall protect and improve the environment and safeguard forests and wildlife. Mandates government accountability for ecological degradation.
Article 51A(g) Fundamental Duty of every citizen to protect and improve the natural environment. Reinforces civic and institutional responsibility in environmental management.
Article 21 Right to life includes the right to a healthy environment. Expanded through judicial interpretation.
Article 32 Citizens can directly approach the Supreme Court for enforcement of fundamental rights. Enables PILs and suo motu actions on environmental issues.

The Aarey Forest case falls squarely within this constitutional framework, where the State’s failure in maintaining compensatory afforestation violates Article 21’s guarantee of a clean and healthy environment.

6. Judicial Precedents Relevant to the Case

(i) M.C. Mehta v. Union of India (1987, AIR 965)

The Supreme Court held that environmental protection is part of Article 21, recognising the right to live in a pollution-free environment.

(ii) T.N. Godavarman Thirumulpad v. Union of India (1997)

The Court developed the principle of sustainable development and directed mandatory compensatory afforestation for diversion of forest land. The Aarey case directly mirrors these obligations.

(iii) Vellore Citizens’ Welfare Forum v. Union of India (1996)

This landmark case introduced the Precautionary Principle and Polluter Pays Principle, holding that failure to maintain ecological balance invites judicial scrutiny.

(iv) N.D. Jayal v. Union of India (2004)

The Court emphasised that development cannot override environmental sustainability, reiterating the need for long-term ecological consideration before granting clearance for projects.

7. The Issue of Sincerity and Sustainable Development

The Supreme Court bench stressed that development and environmental preservation are not opposing forces, but must be balanced responsibly.

CJI Gavai noted that while projects like the Goregaon–Mulund Link Road are critical for infrastructure, granting permissions for tree felling must come with an obligation for genuine and verifiable afforestation, not symbolic compliance.

The Court’s warning — “We will recall all permissions granted” — signals a strong shift toward accountability-driven environmental governance.

8. Conclusion

The Aarey compensatory afforestation failure underscores a critical gap between policy and implementation. Planting saplings alone does not constitute afforestation; ensuring their survival, growth, and ecological integration does.

The Supreme Court’s intervention marks a reminder that environmental governance requires transparency, sincerity, and scientific monitoring. As India continues to urbanise, the challenge lies in balancing infrastructure growth with ecological integrity.

In essence, sustainable development is not an optional policy — it is a constitutional mandate.


Location: Pune, Maharashtra, India

Comments

Post a Comment

Popular posts

Father of RG Kar Victim Loses Faith in Legal System Amid Allegations of CBI Inconsistencies

Image
  A Father’s Frustration with the System The father of the 31-year-old postgraduate doctor who was raped and murdered at Kolkata’s RG Kar Medical College on August 9, 2024, has publicly expressed his deep disillusionment with the Indian legal system. In a powerful and emotional statement, he told ANI that the Central Bureau of Investigation (CBI) has presented contradictory reports in two different courts—the Calcutta High Court and Sealdah District Court. “This is not just a failure of investigation—this is a betrayal. Even Supreme Court judges could not believe the differences in what the CBI is saying. We had faith in the agency, but now, we are losing all hope,” he stated. Allegations of Withheld Evidence The father alleged that the CBI is deliberately withholding key details about the case, despite reportedly knowing who the perpetrators are. He believes the answers lie in his daughter’s phone, which the CBI claims it does not possess—an assertion he disputes. According t...
Read more

Bill Gates Applauds India's 'Namo Drone Didi' Program: A Game-Changer in Rural Empowerment and Agri-Tech

Image
Microsoft Founder Bill Gates Lauds India’s Namo Drone Didi Program In a strong endorsement of India’s evolving rural development model, Microsoft founder Bill Gates has praised the Namo Drone Didi initiative, launched in 2023 by the Government of India. The program empowers rural women by training them to operate drones for agricultural purposes, thereby boosting productivity, reducing manual labor, and enhancing socio-economic inclusion. Gates shared a detailed video and blog highlighting his interaction with three "Drone Didis" from Bihar— Sangita Devi , Sumintra Devi , and Kajol Kumari —during his visit to Delhi last month. He applauded the initiative's early success and expressed optimism about its future scalability. What is the Namo Drone Didi Program? Launched under the vision of Prime Minister Narendra Modi, the Namo Drone Didi scheme is part of a broader strategy to promote women-led development and precision agriculture . It aims to provide 15,000 dro...
Read more

Flight Operations Disrupted Amid India-Pakistan Tensions: Air India and IndiGo Cancel Multiple Flights on May 13, 2025

Image
🔹 Flight Cancellations Announced by Air India On Tuesday, May 13, 2025 , Air India officially announced the cancellation of two-way flight operations to and from the following eight airports : Jammu Leh Jodhpur Amritsar Bhuj Jamnagar Chandigarh Rajkot The airline posted a statement on its official X (formerly Twitter) account, stating: "In view of the latest developments and keeping your safety in mind, flights to and from Jammu, Leh, Jodhpur, Amritsar, Bhuj, Jamnagar, Chandigarh and Rajkot are cancelled for Tuesday, 13th May." Air India further assured passengers that they are closely monitoring the situation and will provide timely updates as operations resume in the coming days. 🔹 IndiGo Follows with Six Airport Cancellations Following Air India's decision, IndiGo Airlines also issued a travel advisory cancelling its flight operations for May 13, 2025, at the following six airports : Jammu Amritsar Chandigarh Leh ...
Read more

Your Complete Online Guide to Land Records and Services in Bihar

Image
Introduction: The Shift Towards Digital Land Governance India’s land management system has traditionally relied on manual records maintained at local government offices. While foundational to governance and ownership, this manual system often led to bureaucratic delays, land disputes, and lack of transparency. Recognizing these issues, state governments across India have progressively adopted digital systems to make land-related services accessible, transparent, and efficient. Bihar Bhumi Portal: A Digital Leap in Land Management One of the leading examples of this digital transformation is Bihar’s Bihar Bhumi portal ( https://biharbhumilrc.com/ ), developed and maintained by the Revenue and Land Reforms Department of Bihar . The portal has become a centralized platform providing a wide range of land-related services to citizens, eliminating the need for in-person visits to land offices. Purpose and Vision The key objective behind launching the Bihar Bhumi portal was to empower...
Read more

District Judges' Appointment and Service: Constitutional Framework and Contemporary Imperatives

Image
District Judges' Appointment and Service: Constitutional Framework and Contemporary Imperatives Articles 233 to 237: Appointment and Conditions of Service of District Judges Articles 233 to 237 of the Indian Constitution delineate the appointment, qualifications, and conditions of service for District Judges, forming the bedrock of the judiciary's lower rung. Constitutional Provisions: Article 233 empowers the Governor in consultation with the High Court, and Article 234 specifies the method of appointment, ensuring the independence and integrity of District Judges. Case Laws and Precedents: State of Gujarat v. Gujarat Revenue Tribunal Bar Association (1969): This case reinforced the importance of judicial independence and underscored that District Judges' appointment should be free from external influence. All India Judges Association v. Union of India (2002): The Supreme Court reiterated the significance of the Governor's role in consultation with the High Court whi...
Read more

Evolution of Constitution under Article 14 to 18

Image
 Evolution of Constitution under Article 14 to 18 INTRODUCTION The idea of equality referenced under Article 14 to Article 18 upgrades a more extensive idea and a more extensive part of the examination as the subject of equity itself shapes a vital and powerful idea in itself. The idea of fairness overwhelms the exceptionally two significant ideas of equivalent security of law and equity under the steady gaze of the law. Likewise, the idea of uniformity wins in a wide range of establishments and accommodates equivalent freedoms for people with the abrogation of unapproachable and nullification of titles. The idea is a more extensive methodology as it is significant for society to look to each individual with a similar methodology regardless of his sexual orientation, rank, and religion. The law is visually impaired and is equivalent for each individual as it says that balance wins for each individual and each individual has the option to be secured by the law. Evolution  The f...
Read more

Constitutional Provisions Governing Union Territories and Delhi: A Comprehensive Analysis of Articles 239 to 240

Image
Constitutional Provisions Governing Union Territories and Delhi: A Comprehensive Analysis of Articles 239 to 240 Articles 239 to 240, 239A, 239AA, 239AB, and 239B: Governance Framework for Union Territories and Delhi Articles 239 to 240, along with 239A, 239AA, 239AB, and 239B of the Indian Constitution, establish a nuanced governance framework for Union Territories (UTs) and Delhi, outlining distinctive provisions for their administration. Constitutional Provisions: - Article 239: Lays down the administrative setup for UTs, granting the President powers to make regulations. - Article 240: Specifies provisions for the administration of UTs directly by the President or through an administrator appointed by the President. - Article 239A: Introduces special provisions for Puducherry, providing a legislature and a Council of Ministers. - Article 239AA: Confers a special status on Delhi as the National Capital Territory (NCT), providing an elected legislature and Council of Ministers wi...
Read more

Equality Before Law

Image
                            Equality Before Law                                                   Introduction The rule of law was firstly introduced by A.V. Dicey in  his book "The Constitution Of England" in which there is rule which only prevails is law in which all are equal. In simple word if any wrong is being done which is not justifiable  by law committed by anyone that may be president, prime minister, or any individual are punishable because there is supremacy of law. Supremacy of law means the government which is power or the people who elected the government all will be treated equally before law.  Article 14 The Indian Constitution 1949, Article 14 guarantees "Equality before law The State shall not deny to any person equality before the law or the...
Read more

Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces

Image
Supreme Court Advocates for Childcare and Feeding Rooms in Public Spaces The Supreme Court of India has suggested that the Union Government develop a comprehensive policy addressing the construction of feeding rooms and childcare facilities  in public places. This move aims to ensure that nursing mothers and their children can access basic amenities in a dignified and private manner, reinforcing their fundamental rights under the Indian Constitution. SC Encourages Policy Formulation A bench comprising Justice BV Nagarathna  and Justice N Kotiswar Singh  highlighted the absence of a structured framework to address this pressing issue. The court advised the Centre to propose a policy that could then be implemented across the states, scheduling the next hearing for December 10, 2024.   The apex court emphasized that before issuing formal directions, it was crucial to understand the Centre’s perspective on implementing the petitioner’s demand for childcare and feedi...
Read more

Rights of a Arrested Person in India

Image
One of the basic and important feature of our legal system in benefits goes to arrested person on the principal of presumption of innocence of the accused person until he/she found guilty at the end of trail on legal evidence. Rights include the rights of the accused at the time of arrest, at the time of search and seizure, during the process of trail and the like. In well known case of Meneka Ghandhi v. UOI it was interpreted that the procedure adopted  by the state must be fair, just and reasonable. The certain rights which arrested person need to know are as follows: 1. Right To Silence "it was essentially right to refuse to answer and incriminate oneself in the absence of proper charge. Not initially, the right to refuse to reply to proper charge." the Justice Malimath Committee. The dependent if he so desires can be witness in his trial. His confession in police station is not admissible in court. Only to the magistrate is admissible. The Indian constitution guarantees e...
Read more