Madhya Pradesh High Court Orders Phased Tree Cutting for Indore Metro to Protect Birds, Directs Planting of 2,500 Trees
The Madhya Pradesh High Court has directed that trees for the Indore Metro Rail project be cut in a phased manner under the supervision of bird experts, so as not to cause extreme distress to birds. The court also ordered the authorities to comply with their undertaking to plant 2,500 trees and to submit a report to the court registry within one year.
The order came on a public interest litigation (PIL) concerning the felling of more than 150 trees at Rani Sarai land in Indore, where an underground metro station is proposed. The petitioner said these trees host the nests of 1,000 birds and are the birds' only remaining habitat in the city. The petitioner also pointed to alternative sites such as Regal Talkies, Gandhi Hall, and Pritamlal Dua Sabhagrah, arguing they could be used for the underground station. The Nature Volunteers' Society joined the petitioner's cause as an intervener.
A bench of Justice Subodh Abhyankar and Justice Jai Kumar Pillai noted that the court had already decided the matter on May 3, 2026, holding that under Article 226 of the Constitution it cannot act as an expert body on technical matters like the metro route. That order had attained finality and was binding, the bench said, adding that the petitioners had lost the case even before it was filed. "In such circumstances, no case for interference is made out," the bench stated.
However, the bench said it was conscious of the plight of the birds and duty-bound to reduce their suffering. It directed the respondents not to cut all trees at once or randomly, but only under the supervision and consultation of at least two ornithologists or bird experts. These experts would advise how to cut trees or prune branches in a phased manner over time. The court observed that cutting all trees at once would cause extreme distress and shock to the birds, from which they may never recover, whereas a slow and systematic method would allow birds to try to settle on other trees nearby that are not yet inhabited by them.
The court also directed that each bird expert be paid Rs 10,000 for their services.
Advocate Lavesh Saraswat represented the petitioner, while Government Advocate Pradyumna Kibe represented the respondent. The case is titled Priyanshu Jain v. Union of India and Others (Neutral Citation: 2026:MPHC-IND:28553).
Source: Verdictum