Bombay HC: Tree Act is for protecting, not felling trees

Mumbai: The Bombay high court’s recent elaborate order on cutting of trees shows that the court has plugged loopholes in the Protection of Tree Act that were being exploited by vested interests.

While ensuring that officials would be held liable for allowing indiscriminate cutting of trees even if they were under the permissible limit, the court has tried to stress on the need for protection of trees as a priority and hence issued various directions which will ensure that officials observe due diligence.

Speaking about the order, activist and petitioner Zoru Bathena who had filed writ petitions against the indiscriminate cutting of trees, said that the order was a holistic one and laid stress upon increasing tree cover in the city and adjoining districts. He said that the order also elaborated on certain sections of the Act which had so far been only on paper, especially the role of the tree officer and tree authority and their duty to increase tree cover, rather than allowing felling of trees.

The order has further streamlined the powers of the authorities, especially that of the commissioners and has put limits on their ability to exercise their discretionary powers while taking decisions on permitting cutting of trees that are less than 25 in number.

“The fact that the commissioner will be able to exercise his powers only once per project or part of it and place ensures that the law cannot be exploited. The fact that the court has empowered citizens to appeal against orders of the authorities to allow felling of trees will make all officials responsible for conservation of trees, failing which they will be liable for action,” said Mr Bathena.