Why two tree felling Acts when aim is to save trees?

Nagpur: Taking a cue from large-scale felling of over 50-year-old trees by PWD near Bapu Kuti in Wardha, greens have demanded amendment to the Maharashtra Felling of Trees (Regulation) Act, 1964, on the lines of the Maharashtra (Urban Areas) Preservation & Protection of Trees Act, 1975.
On July 6, the state government amended the Maharashtra (Urban Areas) Preservation & Protection of Trees Act, 1975, giving ‘heritage’ status to 50-year-old trees, besides felling of more than 200 trees requiring a state-level committee nod. The 1975 Act is applicable in the municipal corporation and municipal council jurisdictions.
“Why should there be two different Acts? Climate change doesn’t discriminate between urban and rural areas. It is expedient to make better provisions for regulating the felling of certain trees in the state making patwaris, gram sevaks, and police patils accountable to report any illegal tree felling,” says green crusader Anusaya Kale-Chhabrani.
“The word ‘regulation’ is the most important part of the Maharashtra Felling of Trees (Regulation) Act, 1964. This act is often invoked bypassing regulation, thereby creating a smokescreen to the effect that this act facilitates tree cutting. On the contrary, this act is for conservation purposes,” says Alok Bang, an ecologist spearheading the fight against felling trees in Wardha.
The 1964 Act clearly states —“Whereas, it is expedient to make better provision for regulating the felling of certain trees in the state of Maharashtra, for the purpose of the preservation thereof, and for the protection of the soil against erosion…”.
“We failed to benefit from the amended 1975 Act as it is not applicable in rural areas. In Maharashtra, most of the trees that are being felled mostly for road widening are outside the urban and municipal limits. In Wardha district too, 80% of the trees that are being felled are in rural limits. Hence, to save such heritage trees and green cover, the 1964 Act needs to be given more teeth,” said Bang.
The latest IPCC report paints a gloomy picture for India’s environment-borne human tragedies. Trees are not only effective carbon storage devices, but their cutting also leads to emission of greenhouse gases back into the atmosphere, leading to global warming.
Bang informed that as per the MoEFCC report, 1.09 crore trees were cut officially between 2014-2019 (unofficially it could be more than double). With 10.70 lakh trees felled, Maharashtra occupies the second topmost position among Indian states and UTs, only second behind Telangana.
Chhabrani says, “In 1964, when this Act came into force, the scenario in rural parts was different. With LPG reaching every village now, not all are dependent on timber for fuelwood. With the boundaries of small towns short, most of the tree cover falls outside the municipal limits and will not benefit from the amended 1975 Act. Hence, the 1964 Act needs a complete revamp.”
“Owing to rapid infrastructure projects in urban areas there is fewer than one tree per person in most cities, including Nagpur. Though the Act of 1974 is a welcome step to address this critical situation, tree cover in rural parts continue to be threatened,” said green campaigner Jaydeep Das.
“As per the Maharashtra Village Panchayat Act 1959, Section 54A-O & 54B-K village panchayats and gram sabhas have administrative powers to regulate tree felling. Unfortunately, ignorance at the ground level allows authorities to bypass processes or misuse government machinery,” he said.
“Trees outside urban areas are like ‘no one’s child’. Huge trees are being felled quite easily that too under the cover of darkness both literally as well as legally. It’s high time the age-old Maharashtra Felling of Trees (Regulation) Act, 1964, is amended,” said the activist.
WHY TWO TREE ACTS FOR SAME CAUSE?
* Maharashtra (Urban Areas) Preservation & Protection of Trees Act, 1975, amended on July 6, 2021
* It allows 50-year-old trees as ‘heritage’ trees with an aim to increase forest and tree cover
* It will be made mandatory to plant trees equivalent to the age of the tree in case felling of trees allowed for development projects
* Planted trees need to be 6-8 feet in height and survival should be ensured by geo-tagging
* Permission for felling of more than 200 trees will go to the Maharashtra state tree authority
* Now census of trees to be held every five years with use of new technology such as GIS-based application