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Ritesh   16 August 2016

Cutting of a tree at personal home

Hi , 

There are 2 trees in my home ,which has a small square area as a garden, one is growing in 45 degress and one is growing straight.

I want to cut down both the trees due to some reasons, do i need permission from the Goverment body for this?

 

Regards, 

R

 



Learning

 2 Replies

Angad Singh (Lawyer)     16 August 2016

Nope. The trees are your private property and you can cut them down if you feel like.

arpit shukla (,)     16 August 2016

Yes you can cut provided following conditions process of cutting down of trees like Mango, Neem and Sheesham, even on private land, will get tougher and costlier in the state. Till now, seeking an official permission from forest department was the only requirement. But now the person seeking permission will have to pay Rs 100 as licensing fee per tree to the department. This after cabinet decided to grant permissions But it will only apply to tree-varieties covered under the Tree Protection Act, 1976. Though, the officials at forest department said they were still to know the nitty-gritties of the decision, but there was no denying that it would check illicit felling of trees. Meanwhile, it might be another form of tax earning for the department. "Till now security amount was taken but it was refundable", said an official. The person cutting down a tree was to plant two instead. There are 13 plant varieties which are completely protected in all districts of the state under the Tree Protection Act. Even forest department will not give permission to cut them down (unless under exceptional situations). The varieties are Mango, Neem, Peepal, Banyan, Mahua, Saal, Akhrot, Angu, Chamakhdik, Jamnoi, Baanj/Kharsu/Moru (Oak), Beeja Saal and Deodar. Out of them, only seven varieties naturally occur in Uttar Pradesh - Neem, Mahua, Saal, Peepal, Banyan, Mango and Beeja Saal. The Tree Protection Act makes it mandatory for people to seek official permission from forest department for cutting, lopping, removing and disposing off the felled trees. The Act does not apply to trees standing in reserved and protected areas, forest and cantonment land. For trees present on all other land holdings, including private, permission from Divisional Forest Officer (DFO) is required. Conservator is appellate authority under the said Act. If the official decision is not communicated to the person seeking permission for 35 days, it should be considered that permission has been granted. Under exceptional conditions, forest officials will have to give the permission to cut down the tree in case it can cause damage to life and property or is a hindrance in development activity. The completely protected varieties can also be cut under exceptional conditions.

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