Tree authority v/s tree act.
Sadanand B. Panchal
(Querist) 20 November 2012
This query is : Resolved
Respected Experts,
Here is important point of Law I am discussing with you please hear and please give a solution.
Owner CHS in order to develop property by demolishing old building of the same CHS had given development eights to one developer- application to Planning Authority-I.O.D. obtained-to obtain N.O.C. from Superintendent of Garden, Tree Authority, developer applied and obtained permission for cutting of 22 trees in the property. 22 trees felled while development but no single tree planted within 30 days, on the other hand extra 3 trees felled illegally-I filed complaint to the Garden Department of my Ward- the said department filed N.C. complaint before local Police station-Police lodged F.I.R. against developer and while lodging called me to make a statement- I made my statement but on statement Police did not allowed me to sign on it-Thereafter Police filed an application before Hon’ble Metropolitan Magistrate for permission to arrest the accused for non-cognizable offence-matter pending and with the Police, nobody can interfere with the matter-On the other hand the developer’s construction continued, finally building completed- Important fact that there is no soil/earth remained to plant a single tree-developer is now in order to obtain Occupation certificate trying to plant trees on cement slab/ramp outside open space of the new building, he purchased number of plants of 5 feet height and showing that he has planted the trees.
Can such action of the developer to show artificial planting of trees will be approved by Tree Authority?
What about offence of tree fell without planting? Whether the Police case will be heard by the Hon’ble Court? or if it dismissed, offence will be discharged? Why BMC is not taking action? For protection of developer? For what The Maharashtra (Urban Areas) Protection & Preservation of Tree Act, 1975 for? Because of the type of development huge numbers of trees were felled without planting in my area. We are no more to hear song of birds in the sense there are no birds to visit the area as were in the year 1975.
The Maharashtra (Urban Areas) Protection & Preservation of Tree Act, 1975 is ultra virus the Articles of Constitution of India and it is only connected with builders and B.M.C. officers. Green belt disappeared and therefore Green Mumbai becomes a dream.
Regards,
Sadanand B. Panchal
Raj Kumar Makkad
(Expert) 22 November 2012
You are required to persue upon your complaint by engaging a private lawyer so that the ongoing case filed by police against the developer may be expedited.
Sadanand B. Panchal
(Querist) 04 December 2012
Respected Sir,
I have asked this query not for how to expedite the Police case i.e F.I.R. under Special leave lodged by Police against the developer. I and Tree Authority aware that the developer itself has felled the number of trees and it is on record. If the matter expedited the developer will go away if the P.P. did not properly handled the case. In fact I am the witness as a complainant and the Police had taken my statement.Police not calling me at the time of date of the case.
The important fact I found that the developer obtains permission to cut from the Tree Authority and thereafter cuts trees and under the approved Plan there is no provision to plant trees felled and also in my area entire earth have been excavated and removed below upto the black rock.
Now the building completed and developer has applied for O.C.What is the provision of Maharashtra(Urban Areas)Protection and Preservation of Trees Act, 1975? Only for obtaining permission for tree cut? When any body obstructs the tree cut, the developer shows the permission for tree cut and thereafter this permission is treated as a condition "N.O.C. from Superintendent of Garden,Tree Authority" under Intimation of Disapproval (I.O.D.). After felling and not Planting of trees the Planning Authority does not given stop work for construction and finally building stood.
Finally greenery in Mumbai vanished. If suppose all the buildings and Towers are transparent and a photograph is taken, you will find there are square holes upon the earth and at the bottom there are black colored stones. Bombay was formed by filling earth and now Mumbai is...there no birds song.Tree Authority informed me in writing that they will not reject the N.O.C. at the same time Executive Engineer inform me in writing that he will not give stop work notice. The Developer is always protected. why? If any poor man fell tree he immediately arrested.
Regards,
Sadanand Panchal
