In a step towards conservation of trees in urban areas, the Nagpur Bench of Bombay High Court, vide a recent hearing on a Public Interest Litigation (PIL), made clear that in case the compensatory plantation is not carried out against any tree-felling, then the concerned officer, person, authority, etc. shall be liable for prosecution under the provisions of the Maharashtra (Urban Areas) Protection and Prevention of Tree Act, 1975. The court, headed by Justice Nitin W Sambre and Justice Vrushali V Joshi, also made it clear that, at the time of granting permission for tree felling, the condition of plantation had been incorporated, which is in the nature of compensatory plantation before cutting of the trees. The bench also directed to frame a law for compensatory plantation, which shall ensure that compulsory plantation does happen before tree felling.

 

According to the data collected by the petitioner, since 2019, the Nagpur Municipal Corporation (NMC) granted permission for felling of 6,365 trees, as against the plantation of 89,308 trees. Whereas, the year-wise data provided in the court by the petitioner, there were only 7,549 trees planted in view of the information made available by the Garden Department. Whereas, the bench directed NMC to submit the statistics as regards the permission granted for felling of trees and plantation carried out for the last 10 years. The court also learnt that tree-felling permissions were granted with the condition for compulsory plantation.

 

There was no supervision, check, audit as to whether the trees, post felling, were planted and the survival rate of such planted trees, which may be felled in the execution of public or private projects. Moreover, the court has stipulated that the compliance report and assurance by person or authorities responsible for tree-cutting and compensatory plantation must be placed on affidavit before the tree officer. Further, the court has held that the survival of such plantation has to be looked after for seven years and the same shall be the responsibility of the person/authority in whose favour the tree-felling permission is granted. So far, the responsibility of maintaining the compensatory plantation was jointly of the applicant and the Tree Authority or Tree Officer. The petitioners were represented by Adv Mrinall Chakravorty, Senior Counsel S K Mishra with Adv N S Rao, AGP appearing for Deputy Director (Sports) and S K Mishra with Adv Kabir Jhamb for Maharashtra State Infrastructure Corporation (MSIC). Adv J Kasat appeared for Tree Authority and Administrator, Nagpur Municipal Corporation (NMC).