Says municipal commissioner must inspect such decisions in accordance with the Act
In what could be a step towards abolishing indiscriminate cutting and pruning of trees, the Bombay High Court on Tuesday questioned BMC over the blanket powers it has granted to certain authorities. The high court further said the BMC will have to reconsider such decisions in accordance with its Act, which prescribes that even to cut branches of trees, the municipal commissioner must inspect and justify permission for the same.
Authorities like power companies, Railways and Airport Authority of India have been involved in rigorous tree-cutting, drawing flak from citizens from across Mumbai, especially on social media.
The court said cutting 90 branches of a tree out of 100 is equals to destroying the entire tree. It amounts to violation of the Tree Act. It also expressed displeasure at the approach of the corporation in granting powers to authorities. "You are keeping the cart before the horse."
The HC made these observations while hearing a plea filed by activist Zoru Bathena, who has alleged that private contractors are cutting trees in the garb of printing them, claiming they pose danger to public at large. However, the BMC has opposed the plea saying, "For cutting dangerous branches and trees, permission from the tree authority or the civic commissioner is not required." The court has now asked Bathena to make the authorities a party in the plea and called for replies from them on June 22.
The plea filed by Bathena seeks to restrain the corporation from cutting/trimming any trees, without taking permission from the tree authority or the Municipal Commissioner. It also says that the corporation is cutting the trees without following due procedure.
WHAT DOES THE ACT SAY?
- The Municipal Corporation Act prescribes that even to cut branches, the municipal commissioner must inspect and justify permission for the same
- Authorities like power companies, Railways and Airport Authority of India have been involved in rigorous tree-cutting, drawing flak from citizens
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