Mumbai: In an embarrassment to the bosses of BMC and the Thane Municipal Corporation (TMC), the Bombay High Court on Monday held that they were arbitrarily exercising powers to sanction cutting of trees.
The court accordingly directed the civic bodies to ensure that they will seek ‘expert’ opinion before giving a nod to cut trees. A division bench of Justice Abhay Oka and Justice Riyaz Chagla also dissolved the Tree Authority of the TMC and granted three months’ time to the civic body to constitute a new authority. The judges were seized with petitions challenging the powers of the Municipal Commissioner conferred by the Maharashtra (Urban Areas) Protection and Preservation of Trees Act. The Act empowers a civic chief to sanction cutting of trees less than 25 in number without granting any time to the public to challenge the orders. If there are more than 25 trees to be chopped, the matter is dealt with by a Tree Authority.
The petition filed by activists Zoru Bathena and Rohan Joshi challenged the ‘powers’ of the civic chief claiming it to be ‘arbitrary and unconstitutional.’ They had sought a stay on the implementation of the provision. The judges in their judgment said, “We find merit in the challenge made in the petition but we think granting a stay would not serve any purpose. We, therefore, direct the civic chief to consult tree experts before exercising his power.”
“We also direct the commissioners to ensure that his orders (for cutting of trees) are notified on the civic body’s web site and given wide publicity in media. This would give time to members of the general public to appeal or challenge the sanction,” Justice Oka added. Meanwhile, the judges have dissolved the Tree Authority of the TMC after pointing out several anomalies in its constitution. The judges held that the authority was constituted without following the due process and without any application of mind. The judges accordingly dismantled the entire Tree Authority and granted three months’ time to the civic body to constitute a new authority.