TMC dissolves tree authority committee over unqualified members

After the Bombay High Court, held that prima-facie the tree authority of Thane Municipal Corporation was illegally constituted, the corporation has dissolved it. The primary reason for the court to come to the conclusion was the appointed authority members, were not adequately qualified, to hear and decide on applications, 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, he has 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. Further, it was argued that only three members of the committee comprising of over 6 members-only three are graduates in science/botany/agriculture fields, while others have a lower educational qualification and mostly have political patronage. The petition also argued that in order to achieve the object of the Act, it is incumbent that tree authority be reconstituted.

The court had earlier, stayed the cutting of around 5236 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 cutting, only if the tree is posing a threat to life and property.

On the last hearing, the bench had 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 members and steps taken to reconstitute the committee.