Akshay (Advocate) 13 October 2020

How to prevent cutting of trees?

A person comes across a few people discussing how they plan to cut down a few trees on the main road in front of their house next week, as the leaves fall and dirty their home.

Q. what legal steps would i take to prevent this possible cutting of trees, including invoking statutory provisions applicable thereof?

Thanks in advance.

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2 Replies

Nicole Gomez (Student ) 14 October 2020

Hello,

Each state has laid down its own rules and regulations against felling of trees in accordance with the Indian Forest Act. However, many people are unaware of the fact that, according to this Act, prior permission needs to be taken in order to cut trees in the premises including trees on private property. If trees are cut down without permission then a penalty of Rs.10,000 as compounding fee to the forest department for cutting down trees or 3 months imprisonment can be attracted.

Trees cannot be cut down for the purpose of scenic view. If trees are causing nuisance such as restricting passage, uncontrollably overhanging branches or blocking of hoardings, then you may cut down the tree after taking a clearance from the Forest department. Many people attract penalties from the Forest department due to their ignorance towards the existing laws.

Moreover, as per the Environment Authority Act, every tree must be transplanted. And in cases where the tree cannot be transmigrated, 5 new saplings must be planted. This Act is more stringent and ensures the environment is handled in a responsible manner and compensated for destruction.

Therefore, it is advisable to check the local laws in order to ensure the right procedure is adhered. If it is not, then you may report the same to the local authorities.