The maharashtra (urban areas) protection and preservation of the trees act, 1975 may be amended.
Sadanand B. Panchal
(Querist) 03 August 2012
This query is : Resolved
Dear Experts,
There is development going on at the plot where I am residing by one X builder since last 4 years. The development is the construction of the new building in lieu of the old building of the Co-operative Housing society Y. In the year 2008 the said developer had obtained a tree cutting permission from the Tree Authority Mumbai for cutting of 18 trees including 1 Jambhul Tree and for transplanting of 1 tree of Ashoka. The permission was granted under Section 8(5) of the Maharashtra (Urban Areas) Protection and preservation of the Trees Act, 1975 under which the there is a statutory requirement of planting two trees for each felled tree within 30 days from the date of tree fell. The total numbers of the trees in existence were 38.
Thereafter the developer barricaded the area to be developed and felled about 17 trees which came in the basement boundary in the year 2008- 2009. Subsequently in the month of February, 2011 the developer felled one tree of Jambhul at Sr. no.1 which was not came in his development. When I complained to the B.M.C. garden Department and made enquiry I found the details of the permission for the said tree fell. Thereafter the developer pulled out the Ashoka tree at Sr, no.2 which was restricted to be transplant. As per my complaint to the Garden Department B.M.C. H-West ward, the Assistant Municipal Commissioner had been pleased to file N.C. complaint before the Sr. Inspector of Police Khar (W) Police Station. Subsequently the F.I.R. was issued under SPL LAC no.5 of 2012 against the developer by the Police. In the pendency of this the developer again pulled out one Coconut tree without permission of the Tree Authority and it was found that the developer already felled one Ashoka tree at sr. No.8 which was restricted to kept retain. Thus the developer has felled 3 trees without permission. The Total number of trees felled was 22 out of 38 trees.
It is pertinent to note that the developer had dug out land below to the rock and removed entire soil out of the plot and taken away the said soil elsewhere either in the sea. The developer constructed two basements and a 16 storied building in the place of soil with slab of Ramp on left, back and Right hand side of newly constructed building. Front side of the building contains soil but under it there is sanitary, water, electrical arrangement contained.
Now the question is no trees planted in lieu of felled 22 trees within 30 days and also no soil is remained to plant total no. of 44 trees. Can Ramp is capable of plant trees?
Developer was not arrested for violation of sections 8(5) and 21 of the Maharashtra (Urban Areas) Protection and preservation of the Trees Act, 1975. Police have filed just a Special Leave Application for the arrest of the developer and is pending and also it is possibility that the said proceedings will be dismissed if not properly handled by the P.P. of the Police Department. The tree fell is supposed to be non- cognizable offence and therefore the developer was not arrested even if the evidence is with the Tree Authority with a strict proof i.e. undertaking of the developer for planting of trees within 30 days. My various complaints for stop work to the Planning Authority were ignored and developer succeeded to complete 16 floors today without stop work. Now it is learnt from the Building & Proposal Department that the developer will obtained Occupation Certificate. About 15 flats of the building were illegally occupied by the members of the Society.
Please give me solution to this situation. Prior to the year 1973 when construction of the old building of the society was begun, there was a big Jungle with Teak wood and various valuable trees contained in the Schedule 2(f) of the Conservation and Preservation of the Private Forest Act, 1974. The trees in the said area were cleared in this way for the residents of the members of the Society who were came from outside the locality and formed their Society. They were not lords for clearing of the forest for there residence. If it continued like wised, there would be no longer the earth and trees remained in the Pali hill road area with the effect it will cause “ Global Warming “ to our earth Planet. The Maharashtra (Urban Areas) Protection and preservation of the Trees Act, 1975 is became the altra virus to the deemed private Forests in the urban areas and the said Act must be amended with a statutory restriction on felling of trees. At least if there are already authorised buildings in existence, it may be permitted to be developed to the extent of the area occupied by the buildings without causing any harm to trees. Police found to arrest the person who is not builder for violation of the tree Act.
Please give me advice to what exactly done for immediate arrest of the developer if there is Special Leave application is pending before the Hon’ble Metropolitan Magistrate Court and if the police department might loosing the matters for benefit of the developer ?
Thanks in advance for your prosperous help!
Sadanand B.Panchal
Raj Kumar Makkad
(Expert) 25 November 2012
It would be better if you post your query in short from and directly come to relevant point.
Sadanand B. Panchal
(Querist) 26 November 2012
Respected Expert,
Re:Your Query for directly came to the point.
When tree felled by any person other than developer where there is no development continued,it can be understood that the person might have felled it and then there is requirement of evidence to prove particular accused person had felled tree. In such event the Police has to obtain permission from Hon'ble Magistrate for arrest of such person.In my case the developer has already obtain permission from Tree authority under Section 8(5) of Maharashtra Tree Act and then cut 22 trees but not planted any tree within 30 days or further till today and removed entire earth.Now B.M C. has plan showing location and particulars of trees on record and developer itself has constructed compound wall over plot, no other person can reach the tree to cut from outside.In such a way it is crystal clear that the developer itself is liable for punishment.Here B.M.C. to file N.C. Complaint and Police in their turn filed special leave application for arrest of developer. If suppose developer go away after completion of building construction without planting tree and also if the Police fail to proceed matter, finally dismissed for default what would be aim of the Tree Act of Maharashtra?
The matter is before State Govt., why this Tree Act compel the Public to got arrest of the developer for planting tree?
Regards,
Sadanand Panchal
