Thane Metro Project Faces Bombay HC Challenge Over Tree-Felling Approvals For 4,600 Trees, Alleged Bypassing Of Statutory Tree Authority

Mumbai: A public interest litigation (PIL) in the Bombay High Court has been filed challenging tree-felling permissions granted by the Thane Municipal Corporation (TMC) for the Thane Integral Ring Metro project, alleging that the civic administration acted arbitrarily without constituting the mandatory statutory Tree Authority. It is filed by environmental activist Rohit Manohar Joshi, founder-president of the Yeoor Environmental Society.

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The petition challenges Resolution No. 1 approved by the municipal commissioner on June 17, 2026, in his capacity as chairman of the Tree Authority, and the subsequent permission issued on August 24 under Section 8(3) of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975.

The approval permits the felling of 519 trees and transplantation of 2,693 others — a total of 3,212 trees — along the metro corridor between Raladevi Lake and Balkum. According to documents obtained under the Right to Information Act, the commissioner has unilaterally approved similar permissions affecting more than 4,600 trees across Thane despite the statutory authority not having been constituted, the petition alleges.

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The petition contends that the absence of a duly constituted Tree Authority makes the approvals legally untenable. It cites Section 3 of the tree protection legislation and guidelines issued by the Bombay High Court in PIL No. 93 of 2009, which require the authority to include expert representatives from non-governmental organisations with at least 10 years of experience in botany, agriculture and tree conservation, alongside elected representatives and officials.

Despite a newly elected municipal body coming into existence in January-February 2026, the civic administration has yet to constitute the statutory authority, the petitioner claims.

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“The elected municipal body has been in place for months, yet the administration has failed to establish the legally mandated Tree Authority. Instead, the municipal commissioner is misusing powers meant only for emergencies in routine administrative functioning. Orders are being issued to fell thousands of old trees without an assessment by an expert committee or consideration of citizens’ views. This is a direct violation of the law and democratic processes,” Joshi said.

The petition also alleges that the public notice required under the law was vague and failed to provide citizens with adequate information to raise objections. Details such as the trees’ age, species and precise locations were allegedly omitted, undermining the public consultation process.

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It further questions the selection of a transplantation site along the Sake t-Kharegaon stretch adjoining the Nashik highway, alleging that the location was finalised without soil testing or an environmental assessment.

Questioning the silence of local elected representatives, advocate Radhika Rane said they had been elected to protect citizens’ interests and the city’s environment.

“It is deeply disturbing and raises serious questions that all local representatives have remained silent while trees are being felled on such a scale. They have failed to convey the strong public opposition to the administration. Citizens must now question their representatives and hold them accountable,” she said.

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Environmental activists have warned that the proposed tree removal could have long-term consequences amid rising urban temperatures, erratic rainfall and groundwater scarcity across Maharashtra.

“Trees are among our most important natural defences against climate change. Destroying old trees that provide shade, release oxygen and absorb carbon in the name of metro infrastructure or development pushes the city towards an environmental crisis. We cannot confront climate change by stripping away our green cover,” said Jitendra Zhadokar.

The petition seeks directions to the TMC to immediately constitute a legally compliant Tree Authority, quash the June 17 resolution and the August 24 tree-felling permission, and impose an interim stay on tree felling and transplantation across Thane until an independent expert committee submits an objective assessment.

The matter raises questions about statutory compliance, public participation and environmental safeguards in the execution of urban infrastructure projects.

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