The officer on duty discussed something with the culprit and asked me to leave as my presence was not required by him. 7 … 2 Maharashtra (U rban Areas) Protection and [1975 : Mah. When can a tree be chopped? Housing Societies’ Activist I am exactly staying Himalya society. To cut approval delays: Mumbai civic body allows 9 agencies to trim trees without its permission The civic body believes that the move will prevent tree fall incidents by cutting approval delays. ( Log Out /  Permission for Felling and Selling of Sandal Wood Tree(s) grown in Patta (Private) Land and Revenue Land. Till an explanation is forthcoming from the authorities, the tree cannot be felled. (a) to give immediate information of any contravention of section 3 to the officer empowered under that section and of the intention or preparation to commit such contravention which may come to his knowledge; (b) to take all reasonable measures in his power to prevent such contravention which he may know or have reason to believe is about or likely to be committed, (2) Any Revenue Officer, not below the rank of an Aval Karkun or Naib-Tahsildar, Forest Officer not below the rank of a Range Forest Officer and Police Officer not below the rank of a Sub-Inspector may enter upon any land, where he has reason to believe that any tree has been or is being felled, in contravention of section 3 and seize such felled tree or any loppings thereof, together with its produce and tools, boats 22[vehicles and other conveyances] used in committing such contravention, place on such property a mark indicating that the same has been so seized and shall make a report of such seizure to23[the Tree Officer empowered ] under section 3. In Mumbai, the civic chief is the chairperson of the Tree Authority which governs all the activities implemented under the Act. The yield of Teak plantation: Each Teak tree yields 10 to15 Cu. One tree has been chopped off since 2009 by some hoarding person at Worli. (1) In granting permission for the cutting of valuable trees, the authorised officer shall have due regard to the following:- (a) no green rosewood tree shall be permitted to be felled unless its girth at breast height exceeds 2. Reported in : AIR1978Bom119; (1977)79BOMLR499..... with the 3rd petitioner-firm the 1st petitioner made an application to the tehsildar of surgana taluka for permission to fell the teak trees under s. 3 of the maharashtra felling of trees (regulation) act, 1964 being act no. For high-value species, such as teak, the new guidelines do advise a regulated environment but are a bit more open than before. XXXIV of 1964), the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (1) of the said Section 15, namely:-, The rules may be called the Maharashtra Felling of Trees (Regulation) Rules, 1967. 40 feet tall Ashoka Trees by the Administrator in my society, I had to follow up with letters, emails, RTI applications, telephone calls, and above all, my personal visits to Tree & Garden Department of MCGM as well as local Police Station for at least 25 to 30 times. Please visit my areas then take action to society. There are many Amar pala trees behind the society boundry wall. Planning Act, 1966 or a Special Planning Authority appointed under section 40(1)(b) of that Act. Yes the tree can grow even after the trunk is cut. But he hadn't reckoned that he would run into an officious divisional forest officer (dfo). The Tree Authority then decides within 60 days whether or not to permit the felling. 34 of 1964; no permission was necessary for felling injaili trees under the said act as it then stood. ], Any person who 19[without permission being granted or deemed to have been granted] to fell any tree, fells any such tree or causes it to be felled, shall be liable to such penalty not exceeding one thousand rupees as the20[Tree Officer empowered under section 3 may, after holding an inquiry and giving such person an opportunity of being heard, deem fit to impose; and the2l[Tree Officer] may further order that any such tree so felled (which is not the property of Government) shall be forfeited by the State Government21[alongwith the tools, boats, or vehicles or other conveyances used in felling and removing, any such tree], (1) Every Revenue Officer, Forest Officer and Police Officer shall be bound. (e) "to fell a tree" includes burning or cutting or lopping a tree to cause substantial damage or destruction thereto; (f) "tree" means any tree specified in the Schedule; and the State Government may, by notification in the Official Gazette, add to or modify the Schedule, after considering the necessity for the protection of any variety of trees; and the provisions of sub-section (2) of section 15 in so far as they relate to laying before, and modification by the State Legislature shall apply in relation to such notification as they apply in relation to any rule made under that section; 5[(ff) "Tree Officer" means a 'Forest Officer' not below the rank of a Range Forest Officer;]. Thinning/Harvesting operation starts after the permission has been granted. Be firm and ask the Police themselves to approach M.M.Court to obtain permission to file FIR on the culprits as a tree is state / national property even if it is on a private land. At present, as per section 21 of the Maharashtra Preservation of Trees Act, 1971, the punishment for cutting trees is a fine of Rs 1,000 to Rs 5,000 and imprisonment ranging from one week to one year. within thirty days of the receipt of such order appeal to the Collector subject to such rules or procedures as may be prescribed, the Collector may, after giving such person a reasonable opportunity of being heard, pass such order on the appeal as he thinks just and proper, (1) If in the opinion of the Tree Officer the number of trees in any land (other than the land falling in any permanent drought-prone area identified by the State Government) is not adequate according to the standards prescribed by rules made under section 15, the Tree Officer may, by order, after giving a reasonable opportunity to the owner or occupier of the land of being heard, require him to plant such trees or additional trees, as the case may be, at such places in the land as may be specified in the order; and the owner or occupier of the land shall comply with the order by planting such trees or additional trees in the ensuing planting season, (2) It shall be the duty of the owner or occupier of the land who is required by an order made under sub-section (1) to plant a tree or trees to ensure that they grow properly and are well preserved, (3) Where the owner or occupier fails to comply with an order made under sub-section (1) the Tree Officer may after giving a reasonable opportunity to such owner or occupier of making representation and without prejudice to any other action which may be taken against the defaulter under this Act take necessary action himself and recover the expenditure incurred therefor from the owner or occupier, as the case may be, after giving a notice of demand for the amount payable by him. Nature has given us everything.But human mind,s curiousity and luxury ruined this nature. They indeed worked sincerely on my complaint and as a result, at last FIR was registered on the accused Administrator on 26.06.2014 after obtaining permission U/s. Tree cutting permission related documents . Tree cutting is a non cognizable offence. But even after permission is given, the tree cannot be chopped for 15 days. I have plant 7 small tree out side my residence we are total 13 members is society but one of them an old man age 63.. he always boring down the branch of tree.. i also spoke to the other members bu they r telling trees r not allow in society compound… pls help me from this problem or give me some contact number so tjat I can fill a complete against this. The hunt for the next big startup in India begins, http://mumbaipolice.maharashtra.gov.in/index.asp. Request you to kindly help me with the laws in governing cutting of trees and what should be done of this wrong action that has taken place in my society…Thank you, Please write to Jeby Patel (jebypatel@gmail.com) – he has a very detailed case study which may help you, If government is breaking the rules of tree act than what can we Do Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975 is made applicable from 16/09/1975 to control the cutting of trees in jurisdiction of all Municipal Corporations, Municipal Councils, Special Planning Authorities and New Town Development But there are two old trees in front of my building. Sorry, your blog cannot share posts by email. "Subhash Chandra Sahu, the dfo of Sambalpur South Forest Division first dissuaded me from filing the application. Penalty: - But even after permission is given, the tree cannot be chopped for 15 days. Un authorised cutting of the tree was stopped and the culprit Administrator was taken to Juhu Police Station for further action. They assured me and promised me of suitable necessary action as early as possible. This site uses Akismet to reduce spam. I m Ranveer singh i stay in andheri east chakala near glenmark .sir our property his taken by a builder and one room is alloted to me . However, if the authority does not inform its decision within 60 days, the permission applied for shall be deemed to have been granted. Next time you see anyone felling / cutting / trimming a tree, you can take the help of an act to save the tree. Probably the police will register only NC (non cognizable) offence and may ask you to approach M.M.Court (Metropolitan Magistrate Court of MCGM) with the complaint. Teak is a deciduous tree with an average height and DBH (diameter at bre ast height) of 20 to 35 meter and 29 to 54 cm in 50 years, res pectively, often fluted near the on the 7th September 1964.) I was told that no case could be made of the incidence. My own recent experience on unauthorized tree cutting : I am RTI & Housing Societies Activist, aged 67 years, and an elected Secretary of Andheri Panchvati CHS Ltd., C.D.Barfiwala Marg, Juhu Lane, Andheri (West), Mumbai – 400 058. XLIV Preservation of Trees Act, 1975 1 These words were inserted by Mah. I have planted teak in the my farm land which is very much in the state of Maharashtra and there is no ban on it. ... in the interests of the environment. ( Log Out /  "No future tree felling activity at the car shed site in Aarey Milk Colony will be undertaken. Any person who 19[without permission being granted or deemed to have been granted] to fell any tree, fells any such tree or causes it to be felled, shall be liable to such penalty not exceeding one thousand rupees as the20[Tree Officer empowered under section 3 may, after holding an inquiry and giving such person an opportunity of being heard, deem fit to impose; and the2l[Tree Officer] may further order … In spite of being an activist, it has taken me about nine months, besides spending energy and money on various visits and documentations just to get one lawful FIR registered. At last to my good luck, officers concerned for the football game at Juhu Police Station got transferred in April / May, 2014 and more dedicated and loyal officers came in. So with time government made laws and statutory bodies to look after environment. However, if the authority does not inform its decision within 60 days, the permission applied for shall be deemed to have been granted. No action has been taken. It includes burning or cutting or in any way damaging a tree. The species is indigenous to India and the South-east … There is another act, The Maharashtra Felling of Trees (Regulation) Act, 1964, that deals with protection and preservation of some select trees like teak, mango, mahua, sandal and tamarind including mangroves. It is not necessary to be residing in the same area where a tree is being hacked. As a citizen, you have the right to raise objections. Things are worse now in 2018 all over Bombay. In this regard I have lodged several complaints and requested to cancel hoarding licence. 3[(b) "Collector" includes a Revenue Officer appointed by the State Government to exercise the powers and perform the functions of the Collector under this Act; 3[(c) "Forest-Officer" means a Forest Officer within the meaning of the Indian Forest Act, 1927; (d) "Revenue Officer" means a Revenue Officer within the meaning of the 4[Code]. If documents show that the municipal authority had failed to decide, a citizen can demand an explanation from the respective municipal council under the Right to Information Act, 2002. ... To restrict cutting and selling trees is like prohibiting people from withdrawing money deposited in a bank, unless perhaps by bribing the bank manager or his staff. My original complaint about unauthorized tree cutting was lodged on 28.09.2013 with Juhu Police Station and MCGM, K – West Ward. Fill in your details below or click an icon to log in: You are commenting using your WordPress.com account. Tree authority of India and their role According to The Maharashtra (Urban Areas) Preservation of Trees Act , 1975, a Tree Authority has been appointed for regulating the felling of trees as well as planting new trees. If you do not follow up with perseverance, your complaint is likely to go to cold storage or disappear. Trees have been cut along s v road, in smaller lanes and bye lanes where no resident in the complexes on the lane takes responsibility to preserve trees. Swachh Maharashtra Abhiyan; ... To process the proposals for sanctioning the transplantation of trees against the trees to be cut down to Tree Authority for any construction of new roads or widening of existing roads or for safeguarding danger to life or property. However, permission to cut trees is needed from tree officers under the Karnataka Preservation of Trees Act, 1976. Due to my continuous follow with to Juhu Police Station, Non Cognizable offence was registered only on 24.10.2013 U/s. ], (1C) If the14[Tree Officer] fails to inform the applicant of his decision within 15[sixty days] from the date of acknowledgment of the application or from the date, or receipt of the application, if the application is not acknowledged, the permission applied for shall be deemed to have been granted], (2) Any person aggrieved by an order, of the 16l4[Tree Officer] refusing to grant permission under 17[sub-section (1B) may. The officer has to give adequate public notice in local newspapers as well as by affixing a notice on a conspicuous part of the tree. What is the difference between PIL, writs and petition? It should not be totally uprooted. Learn how your comment data is processed. Any order received by the owner/occupier should be complied with, within 90 days of the receipt of the order. 8 R/w 21 of Maharashtra (Urban Areas) Preservation of Trees Act, 1975 (as amended on 03.11.2006). Respected sir, A Christmas Tree in my building, which has been there for quite a few years now, had started tilting towards one side. So why to contribute in it ? (g) "urban area" means the area within the limits of a municipality, municipal corporation, Municipal Committee, Town Committee, or notified area committee or Cantonment constituted under any law for the time being in force; and includes a local area which is specified by the State Government in the Official Gazette, being an area which has a population of not less than five thousand and has not less than three-fourths of male workers engaged in non-agricultural pursuits; (h) words and expressions used but not defined in this Act shall have the meanings, respectively, assigned to them in the Code, (1) Notwithstanding any custom, usage, or law for the time being in force, or the decree or order of a Court, or anything contained in any instrument to the contrary, no person shall fell any tree or cause such tree to be felled in any land, whether of his ownership or otherwise, except with the previous permission in writing of a7[Tree Officer] duly empowered by the State Government in that behalf.8[ * * * * ], 9[(1A) If any person wishes to fell a tree, he shall apply in writing to the10[Tree Officer] empowered under sub -section (1) for permission in that behalf], (1B) The 11[Tree Officer] on receipt of an application-. ) Land and Revenue Land in Patta ( Private ) Land and Revenue Land case! 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