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Guruprasad (Lead)     22 April 2024

Trouble from trees grown by school

Hi All,
Thanks to all Lawyers for the suggestions that have been providing from last many years.
I have a query that there are few trees grown by a school residing behind our building and the leaves from that trees are shedding on our building Terrace where its difficult to clean, so we spoke to the school management to cut the trees as those trees are grown back of the school  which is not usefull but they are not ready to cut down the trees.

Kindly advise shall we take any legal action against them to cut those trees.


 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     22 April 2024

Amicably settled the issue.

T. Kalaiselvan, Advocate (Advocate)     23 April 2024

You cannot ask the school authorities to cut the tree neither you can do any harm to the tree. 

They may obtain an order of permanent injunction against you through court and in that case you may have to manage the cleanliness of your building by your own. 

The owner of a tree has no right to allow its branches to overhang the land of his neighbour. If he does so the neighbour can cut the branches so long as he could do so without entering upon the land of the owner of the tree.

So you can take action as suggested. 

Dr. J C Vashista (Advocate )     23 April 2024

Cutting of such trees shall attract punishment under the provisions of Environment Act as well as Indian Forest Act, 1927. 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     23 April 2024

cut the branches of the trees but not Trees. Suggest to the school management about 

  • Shape and Aesthetics: Pruning helps trees grow strong and look neat. You can shape a tree by removing crowded or overhanging branches.

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