The AXE Stopper

For years, Mumbai-resident Zoru Bhathena had been plying from his home in Khar to Kandivali for business, marvelling at canopies of raintrees en-route. Suddenly, these began dying one by one. "There was a mealybug epidemic; infected trees would turn stone white and die. I counted 116 affected-trees just around my area. The Brihanmumbai Municipal Corporation (BMC)'s website indicated loss of 5,000 trees (across Mumbai) to mealybugs in five years, but nothing was being done about it," recalls Bhathena. Therefore, in June 2015, he filed a Public Interest Litigation (PIL). "Initially, the BMC said raintrees are not from India and only live for 50 years, but records showing that these trees were planted in 1934 proved them wrong," he adds. In response, the the BMC submitted to the High Court that it was following an eight-step process (cut infected parts and dispose dead trees immediately to arrest spread of disease, apply medicine, etc.) as advised by Dapoli's Krishi Vidhyapeeth. "The BMC's official claim forced it to act, and as they did, the trees began thriving again," says Bhathena.

In 2016, he saw the Khar 13th Road being dug up for widening, and trees on the pavements were going to be axed. "The road led to a dead end and didn't see much traffic, but as you know, widening projects are undertaken to help builders get more FSI. So despite agreeing that cars can park with the trees there, the roadworks chief engineer refused to change his decision. Hence, I moved court again, and this time 200-300 people came out to protest forcing even the corporator, who'd sanctioned the widening, to support us." The court too stayed the matter.

Another time, Bhathena moved court and stopped unnecessary felling on the Western Express Highway. When Metro 7 work commenced, he ensured that contractors felled only the minimum required, that too after due permission. A year later, when the Metro 3 plan was fielded, a concerned Churchgate resident created a WhatsApp group called Save Trees; several others worried about the expected loss of 5,000 trees and construction in Aarey joined. Someone added Bhathena and ever since, he's also helping NGO Vanashakti's founder "because Stalin got a stay for Aarey in 2015, but court proceedings take a lot of effort."

Without formal involvement in any group, Bhathena has challenged some 20 tree-cutting proposals between 2015 and 2017, moved court five times for different tree-related matters, and this year plans to object against all felling notices. "First, because those requesting felling just want to 'clear' areas to build without checking the need. Secondly, unless you object, requests automatically get sanctioned; you see, the BMC doesn't earn by maintaining tree cover, but gets paid when trees are cut. Finally, replanting is never done. For Metro 3 replanting the plot selected by MMRCL turned out to be a saltpan, where nothing can grow. It's all hogwash. Anyhow, a new tree takes 20 years to grow. It's better to save what we have."

In January, he filed objections against 47 out of 49 notices (covering 806 trees), in February – 32 notices covering about 600 trees, and also challenged the new amendment to Section 8(6) of the Maharashtra (Urban Areas) Preservation and Protection of Trees Act (1975), introduced so that the Municipal Commissioner can permit felling up to 25 trees.

"We argued that the commissioner lacks knowledge and time (to study the site) to make such decisions, and proposals are being split to batches of under-25 to circumvent law – out of January's 49 notices, 42 were for cutting less than 25 trees. Moreover, whetting proposals for so many trees takes time, how are tree authorities inspecting sites for more than one proposal a day?" In response, the court has ordered that the commissioner can permit felling, but with riders addressing all of Bhathena's points, including a mandate that the BMC must publish its decision about each tree-cutting proposal on its website as well as in widely circulated local newspapers, and give citizens/aggrieved parties three weeks to challenge it. But Bhathena doesn't object to genuine notices and "so officers also listen sometimes because they respect that I'm not doing it for personal gain."

Bhathena has friends to advice on litigation, but learnt the rest by dealing with authorities, reading judgements and browsing the Internet. Today, strangers from South Mumbai to Thane call him for help to save trees in their vicinity. The 43-year-old father of two, who spends 50% of most days on the cause, admits that “when I’m too involved, issues crop up in business. Family gets upset as things come up on weekends too – and unless I act immediately, the tree will be gone nssext day -- but knowing how much I care, they help a lot too. For the mealybug issue, my son came along to click pictures.”  Photocopies cost him a few thousands per month and “translations (from Marathi to English), and Delhi flights and stay for Supreme Court matters, get expensive though lawyers help pro bono”.

A victory he’s most proud of? “Honestly, the pains of trees you lose are much more than the joy of gains. But winning motivates you to go on. For me, the mealybug PIL that saved so many trees was big.”