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pradish (assistant company secretary)     27 August 2010

Cutting of trees

One of the company is cutting the trees in forest for setting up there unit, though they have taken approval for setting up the unit but  i want to know is such company also required to take any other approval from authority for cutting trees. Which act can be violated here if such company had not taken approval for cutting trees. If possible please mention deatils were i can find procedure to conduct a prosecution against such company

Thnx  



Learning

 4 Replies

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     28 August 2010

1.  Cutting of Trees in Forest Area, comes within the parameters of  "Indian Forest Act".


2.  Forests are classified in different zones (depending)


3.  There are Trees which come under the restricted and banned category / schedules,  wherein Trees under this schedule cannot be cut, whatsoever.  Even if it needs cutting,  specific permission from the respective Forest Dept., has to be obtained, under condition to plant and maintain subsequent number of new Trees. 


4.  If the number of Trees are beyond certain numbers,  then the "Environment Protection Act" also becomes applicable and appropriate permission from then has also to be taken,  which is sort of very very cumbersome.


5.  Complaining to "Vigilance Div." of the appropriate area, might set off an detailed investigation and subsequent prosecution.


6.  If the above fails and IF YOU HAVE DOCUMENTARY EVIDENCE,  then you may also petition the State High Court, against the violation of the act.


7.  There are other Acts applicable, and it requires lot of  Time, Energy and Money, to achieve what you wish to achieve.  Better to coordinate with a Local NGO and follow-up to its logical end.


Keep Smiling .... Hemant Agarwal
 

nitish neilesh sanga (lawyer)     28 August 2010

i agree with the sir, apart from his submission there is a act in force  which gives right to the schedule tribe people for forest land 

pradip (proprietor)     13 January 2011

 we stay in a cooperative housing society. There is a common plot for recreational purposes in our society. We have grown few trees in our common plot,some of them are creating nuisance hence we want to cut two to three trees.I would like to know if any permission is to be taken from any govt. authority for this purpose of cutting trees? If yes, which are those authorities? Please let us know.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     13 January 2011

for  PRADIP :

 

If you are from Mumbai City,  You may take respective permission from the "Tree Dep/Authorityt" of the BMC authority, who will first inspect the same and maybe grant you permission after due fees and other compliance factors are undertaken by you.

 

Keep Smiling .... Hemant Agarwal


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