Decide powers of MC and tree authority for tree cutting'

Mumbai: The Bombay high court heard at length a public interest litigation seeking interim orders with regards to the formation of the tree authority in Thane as well as the exercise of the statutory powers by the Municipal Commissioner (MC) to allow felling of trees which were below 25 in number. The petitioner sought the powers of the MC to be struck down as it was being misused.

A division bench of justices A.S. Oka and Riyaz Chagla was hearing two PIL’s wherein a question regarding the powers vested with the MC to decide upon permitting felling of trees was raised. The petitioners had through senior advocate Gayatri Singh had pointed out to the absence of proper guidelines that the MC had to follow while permitting felling of trees that were 25 in number or less. The second petition sought clarity on the role of the tree authority and prayed for directions from the court to ascertain whether the authority was constituted to safeguard trees or allow destruction of trees.

While forwarding arguments on behalf of the petitioners, Ms Singh placed various court orders that explicitly defined the role of the tree authority and also pointed to the fact that it was not meant to allow cutting down trees but to ensure that the green cover was not destroyed indiscriminately. She further extended the argument that it was being construed that the tree authority is the responsible body that gives permission for cutting trees.

She also argued that the statutory provision which allowed the MC to permit cutting of trees was misused as the MC was not an expert. She stressed that while the statutory power of the MC was to be used only in emergencies, vested interests were using it to get cutting of trees sanctioned through the MC.