Court Emphasizes Strict Adherence to Statutory Guidelines in Tree Felling Cases to Protect Urban Green Cover
In a significant ruling, the Bombay High Court has highlighted procedural irregularities in the permission granted by the Pune Municipal Corporation (PMC) for the felling of trees, emphasizing the need for strict compliance with statutory procedures. The case, brought forward by petitioner Abhijeet Mohan Anturkar against the Tree Authority Department of PMC, was heard by a division bench comprising Justices Bharati Dangre and Manjusha Deshpande.
The petitioner challenged the permission granted by the Tree Officer of PMC for felling four coconut trees, alleging that the process violated Section 8 of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975. The judgment pointed out that the notice published in the local newspaper lacked necessary details, such as the specifics of the trees and reasons for their felling, which are crucial for inviting public objections.
The court underscored the importance of transparency and adherence to statutory guidelines, referencing a previous decision in the case of Rohit Manohar Joshi v. Tree Authority, Thane, which stressed the ecological consequences of indiscriminate tree felling. It was noted that the notices should provide adequate details to enable the public to raise pinpointed objections, thereby ensuring justiciability and transparency in the decisions of the Tree Authority.
Despite acknowledging that the trees in question had already been felled, the court issued directives to ensure future compliance. It emphasized that any contravention of the Act’s provisions could attract penalties, including fines and imprisonment, under Section 21 of the Act. The court also directed the Municipal Corporation to act with vigilance and strictly follow the procedures outlined in the Act and previous court directives.
Furthermore, the court directed the Principal Secretary of the Urban Development Department to circulate the judgment among municipal corporations and councils to ensure widespread adherence to statutory requirements in tree felling cases. The ruling serves as a stern reminder of the legal obligations of municipal bodies to protect urban green cover and adhere to environmental laws.
Bottom Line:
Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975 - Procedural lapses in granting permission for felling trees - Notice published lacking necessary details to invite objections - Importance of adhering strictly to statutory procedures and directives issued by the Court emphasized.
Statutory provision(s): Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975 - Sections 8, 21
