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Anjalee (LAW student)     04 January 2010

Trimming and Cutting of Trees

 Hi All,

Trees are our friends & we need to protect them. But then sometimes they may become threat to our lives too. Like in this case a tree in the society was bending & it could fall on anyone’s head, the mistake made by the society members that they did not inform the Municipal Corporation & trimmed the branches from the tree so that it does not fall on anyone’s head.

Someone complained against the Society & Police registered case against the secretary and did the Panchnama of the same. The poor secretary though with good intentions had to face unnecessary legal hassles.

Surfing on the internet I came to know that one should plant 3 trees in-place of one tree being uprooted. Secondly if the tree is uprooted which is coming in the way then Corporation replants it somewhere else, again the fact is even if it is replanted its chances of survival is 0.01%. Also many of these cases go unregistered as laws on trimming & cutting of trees is not stringent.

My questions are:

1)     Shouldn’t be Trimming of Trees cases to be dealt differently than Cutting of Trees. Also understanding the situation in which tree is cut & motive behind it should be considered for punishing offenders.

2)     It is with good intention to plant 3 trees in place of 1. Is it practical for society building  to do so considering the parking area & place for planting trees as most of the society may have other trees or may have less place to plant trees.

3)      Awareness on different species of Trees which can be planted, which trees can be trimmed without permission and which trees should be planted with permission.

For example: The Peepal Tree, according to Hindus it is very auspicious tree & it should not be cut or trimmed as per general belief (this what I have known, I am mentioning it for general discussion & not to offend someone’s feelings) but at the same time if this tree grows on the building structure or on the compound wall between the two buildings then isn’t it prudent to uproot such trees before it becomes threat to the safety of building structure.

4)      By making law stringent in cutting the trees is not enough or there should be another approach that is educating people the importance of trees and what should be done to maintain trees and what should not be done while trimming & cutting trees. How many trees should be at least being planted in society as per the area available so that it does not form threat to the living members of the society? 



Learning

 5 Replies

J.D.Sharma (lawyer)     04 January 2010

The law for the protection, encourangement and promotion of conservation of trees are dependent on the local laws of the State you are residing as there is no cetralised act for the same. However laws af all the State for the afosesaid purpose are more or less similar to each other. I am here providing you the generalised language to the extent it explains your querry.

Procedures should have been followed:-
 Written application to the competent authority. A competent authority may, on receipt of an application from a person to fell a tree or otherwise dispose of any tree, for such purposes as may be prescribed, and on being satisfied with regard to the legality of documents towards the proof of ownership or lease of the land on which such tree stands and after making an inquiry, in such manner as may be prescribed, grant permission, in writing, to fell tree :Provided that no such permission shall be granted, if it is found on inquiry that the nature or character of the land may change or the mode of use of the land may alter, unless the person concerned produces the conversion certificate obtained from the collector concerned
Provided also that the competent authority shall, within three days from the date of receipt of application, give permission of felling of trees, if it constitute such immediate danger, as may be prescribed to any person or property.(2) Notwithstanding anything contained in sub-section (1), no permission shall be required if felling of trees is undertaken for not more than three trees at a time in rural areas :Provided that felling of trees shall not be undertaken in a particular plot of land more than once in a year.( 1 ) Every application under section 5 shall be in writing giving particulars of the tree, the details of the plot of land on which the tree is located and the reasons for felling the tree and shall be accompanied with such fee, as may be prescribed
 
As far as your query goes about planting of new trees that was the case if permission would have been granted. The law says
Every person, who fells any tree, shall undertake plantation of such number of trees as may be prescribed, in place of every tree felled, in the same plot of land and tend such plantation for trees in accordance with the directions of the competent authority :Provided that the competent authority may, for such reasons, as may be prescribed, to be recorded in writing, permit a lesser number of plantation' for trees to be undertaken in a different plot or plots, or exempt any person from the obligation of such plantation :Provided further that any person, unable to undertake plantations of trees, may deposit such amount of money, as may be prescribed considering the importance of trees, to the competent authority, facilitating the designated agency of the State Government to undertake plantation of trees for the trees felled. Note.—'designated agency of the State Government' for the purpose of this section means a designated agency of the State Government, as may be specified by the State Government
 
Every person who is to undertake plantation for trees shall start preparatory work for plantation within sixty days from the date of permission or the date of receipt of direction, as the case may be, and shall undertake plantation for trees, in accordance with directions . 
 
In case of contravention:-
 Whoever fells or causes to be felled any tree or cuts, uproots or otherwise disposes of any fallen tree, in contravention of the provisions of section 4, or contravenes any condition of any permission granted under this Act, shall be punished with imprisonment which may extend to one year or with fine which may extend to five thousand rupees or with both and until the plantation of requisite number of trees are undertaken, shall be fined for each day of default of fifty rupees. (2) If any person, or development agency or the benevolent activists, or the entrepreneur of the promoter, as the case may be, fails to implement the plantation plan as approved under sub-section (4) of section 9, shall be punished with imprisonment which may extend to two years or with fine which may extend to ten thousand rupees or with both.
No prosecution shall be instituted against any person in respect of any offence under this Act without the previous sanction of the State Government or such officer or authority as may be authorized by the State Government by order in writing in this behalf.
 
Offence by firm, company, institution etc.
 
 If the person committing an offence under this Act is a firm, a company, an institution or an association or body of individuals, the company, the institution or the association' or the body of individuals as well as every person in charge of, and responsible for the firm, the company, the institution or the association or the body of individuals for the conduct of its business at the time of the commission of such offence shall be deemed to be guilty of such offence and shall be liable to be proceeded against arid punished accordingly :Provided that nothing contained in this section shall render such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
 

 

Rameshwar Fugare (researcher )     14 November 2011

Hi Anjalee,


You will get all the answers if you read Maharashtra (Urban Areas) Preservation of Trees Act, 1975. 



To know more just read it..............................................

The next time you see anyone felling a tree, you can take the help of an act to save it. 
What can a helpless bystander do when trees are illegally axed? 
A tree lover’s manual should be the Maharashtra (Urban Areas) Preservation of Trees Act, 1975. 
This act, among other things, categorically defines what constitutes felling. It includes burning or cutting or in any way damaging a tree. 
A tree is any perennial woody plant, whether in the seeding or sapling stage or fully grown stage, and includes shrubs whose branches spring from the ground level. 
When can a tree be chopped? 
- Even if the tree is in private premises, it cannot be hacked without prior permission of the Tree Officer. In Mumbai, the civic chief is the chairperson of the Tree Authority which governs all the activities implemented under the Act. 
- Even government bodies require permission from the Tree Authority for any developmental purpose. 
There is a time schedule too. 
- On receiving an application, a tree officer has to personally inspect the tree sought to be chopped and submit a report to the Tree Authority within 30 days. t The officer has to give adequate public notice in local newspapers as well as by affixing a notice on a conspicuous part of the tree. 
- The Tree Authority then decides within 60 days whether or not to permit the felling. 
- But even after permission is given, the tree cannot be chopped for 15 days. t However, if the authority does not inform its decision within 60 days, the permission applied for shall be deemed to have been granted. 

Citizens’ rights 

- As a citizen, you have the right to raise objections. It is not necessary to be residing in the same area where a tree is being hacked. For example, a Mumbai resident can take objection to a tree being felled in Nagpur or even Delhi provided the Union territory has a tree act. 
1) When you see a notice for felling, you can write to both the Tree Authority and the local police station asking for the reason. Police officers are empowered by the act to take necessary steps for the preservation and protection of trees. 
2) If you catch a person in the act of felling, you can ask for requisite legal papers in support of his action. If the person cannot produce the documents, you can complain to both the municipal authority and the police station. 3) If documents show that the municipal authority had failed to decide, a citizen can demand an explanation from the respective municipal council under the Right To Information Act, 2002. Till an explanation is forthcoming from the authorities, the tree cannot be felled. 

Penalty 

- Every act of chopping at different points of time, whether it is the same tree or different trees, constitutes a separate offence. The penalty includes a minimum fine of Rs 1,000 and maximum of Rs 5,000 with imprisonment from a week to a year. 

Other provisions 

- Bye-law No. 162 of the Maharashtra Cooperative Housing Societies Model Bye- laws says: No member of the society shall destroy, deface or cut down any trees in the society’s compound. A violation may render the member concerned liable for action. 
- There is another act—The Maharashtra Felling of Trees (Regulation) Act, 1964—that deals with protection and preservation of some select trees like teak, mango, mahua, sandal and tamarind including mangroves. 

Ravi Prakash (Executive)     25 February 2014

I reside in one of the society in Gurgaon. There is a tree on the inside road of society and also in front of my house. Due to tree, parking space blocked and now a days, there is parking fight every day. I want to know the rules regarding cutting tree in socities in Gurgaon district. 

lubna   20 October 2015

Please tell me someone can a person deface,chopp a tree to an extent of killing it's branches an trunks

Ganesh Iyer   04 August 2016

I live in Thane District in Mumbai... We have planted a couple of Chilli shrubs outside our building(Our complex is fully surrounded by gardens). I member of the society has raised objections to these small plants citing they are a nuisance a rodents live around it. But this is not the case as the whole complex is situated in between lush gardens.. The registrar has now issued a notice to us to remove these or else we'll be fined. We feel this is against the law. Can someone guide us?

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