The Supreme Court on Tuesday set aside an NGT order and stayed the felling of nearly 25,000 trees in Shahabad Mohammadpur are of Delhi for the purpose of expanding the Bijwasan Railway Station. In February, the NGT had refused to stay the felling of trees and held that the 120-acre area did not qualify as “forest land” under the Forest Conservation Act, 1980.


A bench of Justices Abhay Oka and Pankaj Mithal passed restrained authorities from clearing the area and issued notices to Rail Land Development Authority under the Ministry of Railways, the Delhi Forest Department, and the company executing the project. 


While staying the tree-felling, the top court clarified that no construction shall be carried out in the subject land. 


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"In the meanwhile, we restrain the respondents from felling and/or damaging in any manner the trees and/or otherwise causing damage to the trees on the subject land. We make it clear that no construction shall be carried out in the subject land," the order read.


The petitioners had contended that the area of the expansion project is a “deemed forest” and enjoys the same protection as forest following the 1996  landmark Supreme Court verdict in the Godavarman v. Union of India case. In this judgment the top court mandated the protection of forests regardless of ownership or classification. 


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The petitioners contended that the green cover acts as lungs for the national capital, particularly for residents in Southwest Delhi. The petitioners further told the court that the green cover that the authorities propose to clear is located just adjacent to the Delhi Airport and acts as the primary filter for carbon dioxide. 


The matter is listed for further hearing on October 21.