Make up of TMC Tree body spoils its purpose: Bombay HC

Mumbai: The Bombay high court said that formation of the Thane tree authority has been vitiated and that any decision taken by the committee is wrong. The court attributed the depletion of tree cover to the vitiated committee and held that the Maharashtra Urban Areas Protection and Preservation of Trees Act had failed to serve its purpose since its enactment in 1975.

A division bench of Justice A.S. Oka started dictating the order in the public interest litigation (PIL) filed by activist Zoru Bhathena and another person challenging the constitution of the Thane tree authority. The PIL stated that the nomination and appointment of members to the committee had been done without following norms. Ms Bhathena challenged an amendment to the 1975 act which empowered the municipal commissioner to use his/her discretion in permitting the felling of up to 25 trees.

The dictation of the order started after the bench finished hearing the arguments of the petitioners, the municipal corporations, the state and the stakeholders who had applied to the respective civic bodies for axing of trees. While dictating the order about the formation of the tree authority in Thane, the court held that the constitution of the committee vitiated its purpose.

The bench dealt in detail with the appointment of certain individuals to the committee as a result of which the constitution had been rendered faulty and in need of dissolution.

With regard to the powers vested in the MC, though the bench had already heard the contentions of all sides, due to paucity of time, it said that it would continue dictating the order on Friday.