PIL challenging tree cutting at Rani Sarai for Metro station dismissed; Court mandates supervision by ornithologists, compensatory plantation, and wildlife rescue measures
Indore, October 22, 2026 - The Madhya Pradesh High Court today dismissed a Public Interest Litigation (PIL) filed by environmentalist Priyanshu Jain seeking to restrain the felling of over 150 trees at Rani Sarai land, a crucial habitat for approximately 1,000 roosting birds, including protected parrots. The petition challenged the construction of an underground Metro station on the site, which would lead to destruction of the trees and adversely impact the birds' habitat.
The Division Bench of Justices Subodh Abhyankar and Jai Kumar Pillai held that the Metro rail alignment and station location had already been sanctioned by an earlier Coordinate Bench of the same Court in a 2024 judgment in Raj Lakshmi Foundation v. State of Madhya Pradesh. The Court emphasized the legal principle that "what cannot be done directly cannot be done indirectly," underscoring that any change in the station location would necessitate altering the approved Metro route, which the Court was bound not to permit. Consequently, the writ petition was dismissed on grounds of maintainability and binding precedent.
During the proceedings, the Court acknowledged the environmental concerns raised by the petitioner and intervenor, the Nature Volunteers' Society, led by Padma Shri awardee Shri Bhalchandra Mondhe. The Court undertook a site visit and observed the presence of thousands of birds roosting in the trees. While it declined to halt the Metro project, the Court issued detailed mitigating directions to minimize harm to the avian population:
1. Tree cutting must be phased and conducted under the supervision of at least two ornithologists or bird experts who will advise on the timing and method to reduce distress to the birds. This includes careful consideration of nests, eggs, and baby birds.
2. A wildlife rescue team equipped with nets and medical kits must be present on-site during pruning and cutting operations to assist any injured or fallen birds.
3. The respondents are directed to undertake compensatory plantation by planting 2,500 trees of similar species in nearby areas to compensate for the 182 trees to be felled. Reports on plantation progress, including photographic evidence via Google images, must be submitted annually.
4. The Court also directed that the bird experts be remunerated Rs.10,000 each for their services.
The Court rejected the petitioner's alternative proposals to relocate the Metro station to adjacent lands such as Regal Talkies, Gandhi Hall, and Pritamlal Dua Sabhagrah, finding these sites unsuitable due to private ownership and technical constraints. The Metro Rail Corporation submitted that the approved alignment was finalized after extensive expert consultation on technical and urban planning parameters, minimizing damage to private property.
The ruling reiterates the limited role of the judiciary in substituting technical and infrastructure decisions of expert authorities unless there is clear illegality or perversity. The Court also highlighted the importance of judicial restraint in matters of public infrastructure development, especially where prior judicial pronouncements have attained finality.
This decision balances the pressing need for urban mass transit development in Indore with environmental safeguards to protect the city's avian biodiversity, setting a precedent for environmentally sensitive infrastructure projects.
Bottom Line:
Public Interest Litigation - Challenge to felling of trees for Metro project and protection of roosting birds - Once metro alignment had already been upheld by earlier Coordinate Bench, subsequent PIL seeking change of station location indirectly affecting alignment not maintainable - However, Court issued mitigating directions for phased cutting of trees under supervision of ornithologists, protection of nests and injured birds, and compensatory plantation.
Statutory provision(s):
Article 226 of the Constitution of India, The Wildlife (Protection) Act, 1972, Metro Railways (Construction of Works) Act, 1978
Priyanshu Jain v. Union of India, (MP)(DB)(Indore) : Law Finder Doc Id # 3002461
