Ajni tree felling: Notices to NMC officials, contractor
   Date :25-Jan-2026
 
Ajni tree felling
 
Staff Reporter :
 
Khobragade stated that a subsequent Right to Information (RTI) application revealed that the Garden Superintendent had issued permission on December 13, 2022 to a private contractor, M/s Akshay Enterprises, only to trim the branches of one Neem tree and cut three Keshia trees at five feet above ground level. He alleges that the contractor instead felled all four trees in violation of the permission, and that the permission itself had been issued without mandatory compliance under the Maharashtra (Urban Area) Protection and Conservation of Trees Act, 1975.
The affidavit highlights alleged breaches of Sections 8(1), 8(2), 8(3) and 8(5) of the
 
Act regarding obtaining consent from the landowner (Central Prison), affixing public notices on proposed trees, observing a mandatory fifteen-day waiting period before cutting, and imposing compensatory plantation requirements. It further alleges non-compliance with Section 11(2), which concerns the collection of security deposits to ensure compliance.
Khobragade also claims that both the Garden Superintendent and a Tree Inspector ignored two police notices during inquiry, triggering alleged offences under Sections 166 and 166A of the Indian Penal Code relating to disobedience of public servant directions. For the contractor, penal liability is asserted under Section 21(1) of the Trees Act, which carries both fines and imprisonment for unlawful felling.
 
The court noted that the complaint is governed by the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which has replaced provisions of the former Criminal Procedure Code in such matters. Under the first proviso to Section 223(1) BNSS, a Magistrate dealing with a private complaint must first give the proposed accused an opportunity to be heard before taking cognisance. This procedural requirement marks a departure from earlier criminal procedure. After examining preliminary material and recording the complainant’s verification, the JMFC held that notices must first be issued to all three non-applicants. The court directed the complainant to furnish copies of the complaint and documents to them, and listed the matter for February 27, 2026.
 
A Judicial Magistrate First Class (JMFC) cout has issued notices to three respondents, including two officials of Garden Department of Nagpur Municipal Corporation (NMC), following a complaint alleging illegal felling of trees at Ajni Square in December 2022. The order was passed on January 19 by JMFC Kaustubh Marathe in a case titled Sachin The order comes after the court set aside an investigation report by the police giving the contractor a clean cheat. The complainant, Sachin Khobragade, is a former environmental expert of the NMC’s Tree Authority. According to his first information and verification affidavit, he noticed tree-cutting activity near the Clock Tower outside Central Jail while travelling on December 13 and December 16 in year 2022.
 
On the first occasion, he observed a Neem tree cut at approximately five feet above the ground. Three days later, he reported seeing three Keshia trees similarly cut. He filed two complaints on the NMC’s “Live City” online platform but received no response.