The Goa Preservation of Trees (Amendment) Act.2008 (Clarification of the Act
mfernandes
(Querist) 19 November 2010
This query is : Resolved
The Goa Preservation of Trees (Amendment) Act.2008 (Goa Act 13 of 2008), Section 12-A, sub-section (1) & (3) which says “ removal of trees, etc. which are in ruinous state or likely to fall, notwithstanding anything contained in any other law for the time being in force, it shall be lawful for the Tree Officer or the Deputy Collectors having jurisdiction over their respective areas, if it appears to him at any time that any tree over any land or its branch or a part thereof is in ruinous state or is in such condition that it is likely to fall and thereby cause injury to a person living or carrying on business in the neighbourhood or passerby or to a building or house or any public place, he may, by written order require the person owning or possessing such tree to lop or cut down such tree or portion of a tree which is in such condition that it is likely to fall and thereby cause injury to persons living or carrying on business in the neighbourhood and that whoever fails to comply with any directions issued under sub-section (1) within a period as specified in the said order, the Tree Officer or the Deputy Collector appointed by the Government in this behalf , shall take all reasonable steps to cut, or remove such tree or any or any portion thereof which causes obstruction or nuisance or is likely to endanger life or property of any person, to remove the same at the cost and charges of the owner or occupier of the land or of the tree and all expenses incurred thereof shall be recovered as arrears of land revenue under the Goa Land Revenue Code 1968.
1.Does the Goa Preservation of Trees (Amendment) Act 2008 Clause 12-A, sub-section (1) & (3) applies only to Public or Private Parties or both?
2.Does any other Court has authority to set aside the orders passed by the Tree Officer or the Deputy Collector or the Conservator of Forests to cut such ruinous trees and or trees causing obstructions and nuisance and endangering life and property even if the tree is healthy but leaning towards the house and or property of the neighbor?
3.Can the High Court interfere with the above act and pass order that is not in accordance to the act?
