Law realting cutting of trees
Querist :
Anonymous
(Querist) 19 May 2020
This query is : Resolved
a debdaru tree causes annoyance to our house and neighborhood for several years.in winter time its leaves are fallen in our roof and various parts of our house.we requested many times to cut the tree or at least cut the branches of trees so that falling of leaves may decrease but they dont care at all.so what should i do now? please help experts.thanks in advance.
the tree is near about 14 inches far away from our house wall.
Guest
(Expert) 19 May 2020
Discuss with an Local Good Advocate and send a Legal Notice to the neighbor marking Copy to the Local Police Station and Copies to the Senior Officials of concerned Police Station to remove the branches that are giving the problems and Failing which you should state in the Notice that it would be removed in the Presence of the concerned Police if no action is initiated in 10 days. Mostly it would be done other wise your Advocate would help you in getting the presence of Police and in removing it. Discuss with Local Good Advocate
Rajendra K Goyal
(Expert) 19 May 2020
Being neighbor, try to get the matter sorted out amicably.
If not possible send legal notice to remove nuisance caused by the tree and move to court if no action.
Raj Kumar Makkad
(Expert) 19 May 2020
Why don't you initiate the action to cut the branches of the said tree creating problem for you instead of depending upon the others? Tree also have many positive aspects including giving good quality of oxygen and coolness to your house. Anyways, make a complaint to municipal authorities, who through their horticulture department, may provide the desired relief of cutting some odd branches of the said tree otherwise no tree can be cut without the prior sanction of enviornment department.
P. Venu
(Expert) 20 May 2020
The local body (Municipality or Panchayat) as well the Executive Magistrate (SDO, RDO) have been vested with power and authority to provide relief in such cases.
Rajendra K Goyal
(Expert) 20 May 2020
A good suggestion from the expert Raj Kumar Makkad, if amicable solution not possible, approach Municipal authorities.
Dr J C Vashista
(Expert) 20 May 2020
Approach Ministry of Environment (Horticulture) if you are located in Delhi or any other metro/capital city. In other cities Municipal Corporation/ Committee (Horitcuture) may be approached if you have already decided to remove the tree.
Guest
(Expert) 20 May 2020
Good Spirit and Sportive Nature of Learned Advocate Mr.Rajendra K.Goyal is appreciated
Guest
(Expert) 20 May 2020
Kind Atten -- Mr.J.C. Vashista -- The Ministry of Environment, Forest and Climate Change (MOEFDC) is an Government Ministry of India responsible for promoting Coordination and overseeing the implementation of environment and forestry programmes in India. Where as Vashista your advise that Concerned Ministry to be contacted for an nuisance and disturbance issue makes us inquisitive to confirm how you managed to do L.Lb while in Army Service please as stated in your Profile.. Please Explain if it is Genuine.
Raj Kumar Makkad
(Expert) 20 May 2020
New trees added to the list include bakain, bamboo, tut, guava and Ailanthus increasing the number to seven. “These trees are used as crops in rural areas therefore do not require any permission before cutting.
Raj Kumar Makkad
(Expert) 20 May 2020
The Haryana forest department has increased the number of trees that do not require permission for cutting.
The government has amended Section 4 of the Punjab Land Preservation Act,1900.
Previously, only two trees were there in the exempted list namely eucalyptus and poplar.
New trees added to the list include bakain, bamboo, tut, guava and Ailanthus increasing the number to seven.
“These trees are used as crops in rural areas therefore do not require any permission before cutting. Farmers also use the newly added trees as crops that are why this decision has been taken,” Devinder Rao, forest range officer said.The decision is not supported by environmentalists as the number of trees is reducing every year.
The rule should be applicable only in rural areas as they are not treated as crops in urban areas. However, environmentalists have criticised the action.
“It is not a sensible decision taken by the department. The green cover is reducing at a fast pace. Many trees are being cut illegally. By taking this step and exempting more trees it is just going to make matters difficult for the city,” Vivek Kamboj, noted environmentalist said.
The Hindustan Times May 7, 2011
https://www.hindustantimes.com/india/5-more-types-of-trees-can-be-cut-without-permission/story-Avl2iviIdeeJH50Zf6lYRM.html
Raj Kumar Makkad
(Expert) 20 May 2020
Meanwhile thanks Mr. Rajender Kumar Goyal for agreeing with my reply.
K Rajasekharan
(Expert) 27 May 2020
One law that can come to your help in getting the branches or tree itself cut is the Criminal Procedure Code. The executive magistrate, as per the code, has the power to cut such trees that cause problems to the other property holders.
In Kerala the local bodies also can cut and remove any tree which may cause imminent harm to lives or materials of other persons as per the Panchayat and Municipal laws.
The civil court also can come to your help as a property owner who has unfettered right to enjoy it fully. The civil court can order removal of anything, including even precious and protected trees, which comes in the way of your unrestrained enjoyment of property ownership.
Raj Kumar Makkad
(Expert) 27 May 2020
Municipal authorties are also competent to cut those branches of the tree which create hurdle for the oether residents of the locality so better to adopt that course of action.
