BMC told to clarify tree cutting rules
The bench also asked whether the commissioners would publish their decision giving an aggrieved party to challenge it.
Mumbai: The Bombay High Court has directed the civic bodies of Mumbai and Thane to clarify how the officials have been taking the decisions on cutting down trees without seeking expert opinion.
The court has directed the civic commissioners of the Brihanmumbai Mahanagar Palika (BMC) and the Thane Municipal Corporation to respond by Tuesday when it will hear the petition.
A division bench Justice Abhay Oka and Justice Riyaz Chagala is hearing the petition challenging an amendment to the Maharashtra (Urban Areas) Protection and Preservation of Trees Act that gives the civic commissioner special powers to sanction a proposal to cut down, remove or transplant up to 25 trees. “How will the commissioner exercise this power? Will he take expert opinion? The commissioner himself is not an expert on this issue.” the court said.
The bench also asked whether the commissioners would publish their decision giving an aggrieved party to challenge it. “As per the amendment, if the commissioner passes an order to fell a tree today, the tree could be cut the next day. There is no buffer time for a person aggrieved by the order to challenge the order,” the court said.
According to the petition, in January itself, 49 proposals for cutting 806 trees were submitted to the BMC commissioner.