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Narayana Swamy (security)     01 October 2021

What ipc sections applies for illegal cutting of trees ?

Sir,

We have planted many Trees in our locality on road side to develop greenery and after the Trees are grown and giving shade to people, one builder while constructing his building destroyed two Trees situated on road side,without taking permission from Telangana Forest Department and Forest Department also imposed some fine against builder.

We wan't to file criminal case against the builder in the local police station. It is learnt that as per IPC 425  applies for filing criminal against illegal cutting of Trees on road side(i.e) destroying public property.

Kindly advise on what appropriate IPC sections, we can  lodge criminal case in police stations ?

 

Thank You,

K.Narayana Swamy



 4 Replies

Pradipta Nath (Advocate)     02 October 2021

You can take the culprit to the NGT and register a FIR too stating brief facts without mentioning the sections!

1 Like

M V Gupta (Advocate)     02 October 2021

Section 425 defines Mischief as wrongful damage or loss to the public or to any person. Cutting trees unauthorisedly without permission of the tree authority can be treated as a crime under Section 425 of IPC. Section 427 presccribes two years imprisonment and or fine. You can therefore fie FIR under section 425 as also under the NGT Act.

1 Like

Dr J C Vashista (Lawyer)     03 October 2021

State laws apply to the query 

According to the Indian Forest Act, each state has laid down its own rules and regulations against felling of trees.

Refer section 21 of the Maharashtra Preservation of Trees Act, 1971, 

Section 8/24 of Delhi Tree Preservation Act, 1994 

minakshi bindhani   05 October 2021

As per your query concerned!

According to the Indian Forest Act, each state has laid down its own rules and regulations against the felling of trees. It is required to take permission to cut down a tree on your premises.

According to this Act, the penalty for cutting down a tree is Rs.10,000 or 3 months imprisonment. 
You may file a complaint in writing against them in the nearest tribunal as well as with the forest department regarding this issue.

Hope it clarifies the issues!
Regards
Minakshi Bindhani

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