Members unqualified, TMC dissolves tree authority committee

After the Bombay High Court held that prima facie the tree authority committee of Thane Municipal Corporation was illegally constituted, the corporation has dissolved it. The primary reason for the court to come to the conclusion was that the appointed authority members, were not adequately qualified to hear and decide on applications asking to allow cutting of trees.

A division bench of Justice Abhay Oka and Justice PN Deshmukh were informed that on February 20, the Thane Municipal Commissioner has dissolved the committee and accordingly steps will be taken to reconstitute a fresh committee. The order was passed while hearing a Public Interest Litigation filed by Thane resident Rohit Joshi.

In his petition, Joshi highlighted how the councilors and other special invitees appointed to the tree authority committee are not educated adequately in allied subjects related to trees to be appointed as the members. Further it was argued that of the over 6 members comprising the committee, only three are graduates in science, botony or agriculture fields, while others have lower educational qualifications and mostly have political patronage. The petition also argued that in order to achieve the object of the Act, it is incumbent that the tree authority be reconstituted.

The court had earlier stayed the cutting of around 5,236 trees in the city for various development projects, which will continue till March 7. However, the court allowed the Municipal Commissioner to use his discretionary powers to allow the cutting of a tree only if it is posing a threat to life and property.

During the last hearing, the bench observed, "The allegations made in the public interest litigation are of serious nature and it needs to be looked into by the highest authority of the corporation." The court has now asked the corporation to file its reply on the issues of whether the corporation has discretionary powers to grant permission to cut less than 25 trees as per a recent amendment in the Act and steps taken to reconstitute the committee.

THE PETITION

• In his petition, Rohit Joshi highlighted how the councillors and other special invitees appointed to the tree authority are not educated adequately in allied subjects related to trees to be appointed as the members
   
• It was argued that only 3 of the committee members are graduates in science, botany and other subjects