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Shabana   27 March 2017

Cutting a peepal tree in the plot

Dear All,

I have a purchased a land. But in the middle of the land there is a peepal tree. I want to buit my house in that area. Please advise me how can i cut the peepal tree as it falls under the construction area. 

Thanks. 



Learning

 11 Replies


(Guest)

Dear Shabana,

Cutting of tree in personal property for any purpose is illegal according to Forrest Act.  You need to take permission from Forest Department to cut the tree.  

According to the Indian Forest Act, each state has laid down its own rules and regulations against felling of trees. But you may wonder if it is required to take permission to cut down a tree in your premises.

According to this Act, the penalty for cutting down a tree is Rs.10,000 or 3 months imprisonment. There are several instances reported in which laymen ended up paying Rs.10,000 as compounding fee to the forest department for cutting down trees in their premises. For cutting down trees that are blocking your way, whose branches are spreading to your house or blocking hoardings, you need to take a clearance from the Forest department. Many people, due to their ignorance of the rules are attracting penalties from the Forest department.

There are laws in India which restrict the felling of trees. Two such laws are:
1. The Indian Forest Act, 1927 
2. Maharashtra Protection of Trees Act

Or you can build house around the tree.  That is another option.

Dr. Atul [9013898936] (Lawyer, Scholar)     27 March 2017

Interesting question! What is the status of land in land revenue records - is it notified forest land by any chance? If it is, you are in for a big hassle seeking permission of the forest department. But your post does not suggest it to be so.

Then there are State level guidelines for felling of trees planted/grown on private land (Guidelines for Felling and Transit Regulations for Species Grown on Non-Forest Private Lands). Doesn't sound like that either.

Assuming your's is a case of naturally growing tree on private, non-forest land, there would be some local, municipal law, bye-law or regulation governing cutting such tree or part thereof. For instance the Rules under the HP Land Preservation Act allow cutting of up to three coniferous or five other type of trees on private land, for domestic or agricultural use, without prior permission.  Which State is the land located?

Dr. Atul [9013898936] (Lawyer, Scholar)     27 March 2017

Originally posted by : Helping Hand !
Dear Shabana,

Cutting of tree in personal property for any purpose is illegal according to Forrest Act.  You need to take permission from Forest Department to cut the tree.  

According to the Indian Forest Act, each state has laid down its own rules and regulations against felling of trees. But you may wonder if it is required to take permission to cut down a tree in your premises.

According to this Act, the penalty for cutting down a tree is Rs.10,000 or 3 months imprisonment. There are several instances reported in which laymen ended up paying Rs.10,000 as compounding fee to the forest department for cutting down trees in their premises. For cutting down trees that are blocking your way, whose branches are spreading to your house or blocking hoardings, you need to take a clearance from the Forest department. Many people, due to their ignorance of the rules are attracting penalties from the Forest department.

There are laws in India which restrict the felling of trees. Two such laws are:
1. The Indian Forest Act, 1927 
2. Maharashtra Protection of Trees Act

Or you can build house around the tree.  That is another option.

 

Goodjob Handjob, copy-pasting from Quora ... Quora is the best you found to steal from? Uday Shankar and Sudarshan Mohta, the original contributors at Quora will be proud of you, lol: https://www.quora.com/Is-cutting-trees-legal-in-India-Is-there-any-law. Oh wait, building around the tree was a result of your own thinking effort ... was it?

1 Like

Shabana   27 March 2017

Dear Sir, 

Thanks for the reply. My area is Gurgaon. Do I have to contact forest depat of Gurgaon area? Who will be the right person to contact ?

Generally how many days it take to get the permission ?

Thanks 

Shabana   27 March 2017

Dear Sir, Thanks for the reply. My area is Gurgaon. Do I have to contact forest depat of Gurgaon area? Who will be the right person to contact ? Generally how many days it take to get the permission ? Thanks

Shabana   27 March 2017

Dear Sir, Thanks for the reply. My area is Gurgaon. Do I have to contact forest depat of Gurgaon area? Who will be the right person to contact ? Generally how many days it take to get the permission ? Thanks

(Guest)
Originally posted by : Atul (public ID)



Goodjob Handjob, copy-pasting from Quora ... Quora is the best you found to steal from? Uday Shankar and Sudarshan Mohta, the original contributors at Quora will be proud of you, lol: https://www.quora.com/Is-cutting-trees-legal-in-India-Is-there-any-law. Oh wait, building around the tree was a result of your own thinking effort ... was it?

दूसरों के बातों में ढकलांदजी करने को चापलूसी कहते हैं BC laugh.


(Guest)
Originally posted by : Shabana
Dear Sir, 

Thanks for the reply. My area is Gurgaon. Do I have to contact forest depat of Gurgaon area? Who will be the right person to contact ?

Generally how many days it take to get the permission ?

Thanks 

You can contact Forest Department of Bangalore laugh

Dr. Atul [9013898936] (Lawyer, Scholar)     27 March 2017

Originally posted by : Helping Hand !

Originally posted by : Shabana

Dear Sir, 

Thanks for the reply. My area is Gurgaon. Do I have to contact forest depat of Gurgaon area? Who will be the right person to contact ?

Generally how many days it take to get the permission ?

Thanks 

You can contact Forest Department of Bangalore 

 

Sure, sure ... Handjob is so cute, as always ... seek permission for Gurgaon land from Bangalore DFO ... roflol 

1 Like

Dr. Atul [9013898936] (Lawyer, Scholar)     27 March 2017

Originally posted by : Helping Hand !

Originally posted by : Atul (public ID)


Goodjob Handjob, copy-pasting from Quora ... Quora is the best you found to steal from? Uday Shankar and Sudarshan Mohta, the original contributors at Quora will be proud of you, lol: https://www.quora.com/Is-cutting-trees-legal-in-India-Is-there-any-law. Oh wait, building around the tree was a result of your own thinking effort ... was it?


दूसरों के बातों में ढकलांदजी करने को चापलूसी कहते हैं BC .

 

अबे चिंदी, दूसरों के मेहनत के काम को अपने नाम से छापने को चोरी और नीचता कहते हैं ... और इन्टरनेट के परदे के पीछे छिप कर गाली गलोच करने को बुज़दिली कहते हैं ... वैसे क्या बात है, आज कल तू सबसे कुढ़ कर बैठा है, तेरे वकील साब ने तुझे डांटा क्या के नए ग्राहक नहीं फँसा पा रहा हाहाहाहाहाहाहा ... खैर तुझे तो आदत होगी उसकी ... तेरी ज़िन्दगी में आखिर है ही क्या ... यहाँ पे दलाली और वकील साब की गाली 

1 Like

Dr. Atul [9013898936] (Lawyer, Scholar)     27 March 2017

Originally posted by : Shabana
My area is Gurgaon. Do I have to contact forest depat of Gurgaon area? Who will be the right person to contact ?

Generally how many days it take to get the permission ?

 

You’d be covered by the Punjab Land Preservation Act. I THINK this Act permits felling down of eucalyptus and poplar tree on private land. You may refer to Standing Order No.4 PLPA/2014-15  dated 17.11.2014 by the Conservator of Forests, South Circle, Gurgaon.

I'm uploading the relevant links for land situate in Gurgaon (as far as I could locate from the official website of the Government of Haryana, not stolen from Quora by the way)

Guidelines for obtaining NOC/permission for felling of trees in Haryana : As per this Guideline, peepal happens to be a reserved tree under the Haryana Government's notifications and felling of peepal requires prior permossion in all districts of Haryana.

Standing Order No.4 PLPA/2014-15  dated 17.11.2014 by the Conservator of Forests, South Circle, Gurgaon

And here, you can find Haryana Government e-seva online Application for NOCs in respect of PLPA (Punjab Land Preservation Act) or Forest or Restricted lands and grant of NOC (I haven't tried it or know how it works because it needs user registration using UIDAI).

They are quite self-explanatory, but I’d advise you get in touch with a local lawyer for precise guidance, because sarkari baboos try to use environmental law provisions to harass people. Do not go to any generic all-purpose lawyer; perhaps someone who has knowledge of industrial or construction law as he’d be better aware of environmental clearances. Better spend some now rather than pay any extortion or penalty later.

 

Also, be careful of touts and law office clerks posing as advocates advising you to approach authorities of one State for subject matter present in a different State.

Whatever you do, take detailed photographs of the site immediately, alongside current newspaper masthead to reflect the position of tree(s) with date.


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