'Trees Are A Poem Which Earth Writes Upon Sky': Bombay HC Says Officers Can Be Prosecuted For Illegal Tree Felling Under Maharashtra Trees Act

Emphasising the need to 'strictly' follow the laws protecting trees and observing that 'trees are a poem which the earth writes upon the sky', the Bombay High Court recently held that even an officer, who fails to adhere to the due procedure for permitting felling or cutting of trees, is liable to be prosecuted under the Maharashtra (Urban Areas) Protection and Preservation of Tress Act, 1975.A division bench of Justice Bharati Dangre and Justice Manjusha Deshpande while noting that the Pune Municipal Corporation (PMC) granted permission to fell four coconut trees in a 'perfunctory' manner reminded the authorities of section 21 of the Act, which provides for penalty for non-compliance with the provisions of the Act The judges noted that Section 21 of the Act is a provision in form of offence and penalty and it contemplates that whoever fell any tree or causes any tree to be felled in contravention of the provisions of the Act or without reasonable excuse fails to comply with any order issued or condition imposed by the Tree Officer or the Tree Authority or voluntarily obstructs any member of the Tree Authority, in discharge of the function, such act on conviction shall be punished with fine of an amount of valuation of the tree, and also with imprisonment for a term of not less than one week, which may be extended upto one year.The judges pointed out that considering the object underlying the Statute, the powers have been conferred on the Tree Authority to give necessary directions from time to time, and the officers and the servants subordinate shall act in compliance with such directions, and in exercise of the duty by the Tree Officer, the police department is also expected to extend all the co-operation."The purpose of the Act is to prohibit felling of trees and to save the environment, or even if the trees are felled, it should be compensated by substituting new trees, and hence the contravention of the provisions of the Act must be looked into with all seriousness, and upon a complaint being made in that regard, the offence is liable to be registered even against an officer who has failed to follow the procedure," the judges held in the order passed on February 2. The bench was seized with a plea filed by one Abhijeet Anturkar challenging the PMC Tree Authority's 2020 approval to cut four coconut trees in Erandwane, Pune. He highlighted the lapses on part of the Tree Authority especially the issuing of public notices in widely circulated newspapers for inviting objections to the action of cutting down of the said four trees. Even as the PMC contended that it had pasted notices on the trees to be cut/fell, the bench noted that the public notices lacked particulars of the same."We find that no details are offered in the public notices, and as the Statute contemplate objections to be raised, the person who want to raise an objection necessarily must be aware of the location of the trees, the reason why the trees are sought to be felled and at whose instance. We do not expect every person to visit the website of the Pune Municipal Corporation to find out, as there may be number of trees which may be involved, but an objection may be concerned with only one or few of them, may be in the area of his residence, or may be because of he feel that these trees shall not be allowed to be cut," the judges observed. The judges said that though the notices pasted on the trees contained details but the same details or basic details were absent in the public notices and therefore, pulled up the PMC for its approach in the matter. "We find that the notice issued by the Municipal Corporation in the present case, is a perfunctory exercise, as if the object was to invite objection from the persons in the locality or those who are concerned with environment, who are likely to object to the permission, which is likely to be granted, an adequate notice is given, as regards the particulars of the trees, so that a pinpointed objection could be raised," the judges said. However, since the trees in question were already fell, the bench citing section 21 of the Act, warned the officials that the prosecution contemplated under the said provision, can also be initiated against the erring officials. "Focusing upon the purpose and object of the Statute, we hope and trust that the Municipal Corporation shall act with vigilance and strictly follow the procedure contemplated in the Act along with the directives issued by this Court in case of Rohit Manohar Joshi vs Tree Authority Thane Municipal Corporation and treat them as binding," the bench made it clear. With these observations, the bench disposed of the plea. Appearance: Advocates Abhay Anturkar, Harshvardhan Suryavanshi and Ajinkya Udane appeared for the Petitioner. Advocate Vishwanath Patil represented the PMC.Case Title: Abhijeet Mohan Anturkar vs Tree Authority Department, Pune Municipal Corporation (Writ Petition 3752 of 2021)Citation: 2026 LiveLaw (Bom) 60Click Here To...

'Trees Are A Poem Which Earth Writes Upon Sky': Bombay HC Says Officers Can Be Prosecuted For Illegal Tree Felling Under Maharashtra Trees Act

Narsi Benwal

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