Sandeep Motilal Sanghvi And Ors vs Tree Officer And Ors

By this Application, the Applicants seek following reliefs: 26.lt is therefore, Prayed to this Hon'ble Court

a) The application / petition be allowed as above with all reliefs.

b) That the said Act is enacted by the legislature for special purpose of curbing illegal axing of trees within urban areas, therefore the acts of the respondents itself wash out the very purpose of The Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975 and therefore direction be given to respondent no. 2 shall be followed scrupulously and that the existing tree authority shall be abolished, turned down and all its operations shall be restricted till formation of new tree authority as per the provisions of The Maharashtra (Urban Area) Protection and Prevention of Trees Act, 1975.

c) The resolution passed by Respondent no. 3 dated 03.10.2012 be quashed and set aside and be held as null and void.

d) The Hon'ble Tribunal may kindly be pleased to call all records and proceedings of Tree Authority and details with quantitative date form year 1996 to till today.

e) The respondents be perpetually restrained from taking decision to cut old / new trees on TalegaonDabhade (JijamataChouk to Talegaon Station Road) and further be perpetually restrained from causing harm to birds nest and trees on the said road.

f) During Pendency and final hearing and disposal of the present application on merits the illegal and indiscriminate cutting of old tree on "JijamataChouk to Talegaon Station Road" in the TalegaonDabhade village. road in TalegaonDabhade village be restrain by an temporary injunction and Status Quo to be maintained till final Hearing or final disposal of this application.

g) During pendency and final hearing of the application on merits the execution and operation of the Resolution dated 03. 10. 2012 passed by the Respondents no 3 be stayed and be stopped to be executed.

h) It is humbly prayed to this Hon'ble Tribunal to appoint Court Commissioner to verify the factual position of the spot and to file his report before this Hon'ble Tribunal.

i) It is humbly prayed to this Hon'ble Tribunal that, if Respondent no. 1, 2 and 3 or any citizen wants to cut any tree within the jurisdiction of Respondent no. 2 i.e. TalegaonDabhade than they must inform to this Hon'ble Tribunal by filing their affidavit for necessary permission.

j) That the Application of the Applicant may kindly be decreed with costs.

k) That the any necessary Amendment in Application kindly may allow.

l) Any just, equitable order in the interest of environment and justice may be passed.

The Application is filed under Section 14,15 read with Section 18 of the National Green Tribunal Act, 2010. The Applicants claimed to be interested in protection of the trees and natural cover in the area of TalegaonDabhade, which is situated in the outskirt of Pune city. According to them, Municipal Council, TalegaonDabhade, proposed to undertake widening of the road in between 'JijamataChowk to Railway Station Chowk' of TalegaonDabhade. They allege that during execution of such project Municipal Council, TalegaonDabhade, is likely to fell/cut down a large number of trees without following procedure enumerated in the Maharashtra (Urban Area) Protection and Preservation of Trees Act, 1975 as amended on 8.1.1996.

It may be stated at the outset that the Application was opposed initially, on the ground that it is barred by limitation, and that the Applicants have no locus standito file the Application as well as issue does not come within jurisdiction of this Tribunal, inasmuch as enactment in question i.e. the Maharashtra (Urban Area) Protection and Preservation of Trees Act, 1975, falls outside seven (7) enactments, which are listed in Schedule-I, appended to Schedule of NGT Act, 2010. The objections raised by the Municipal Council were repealed and Misc Application No.88/2014, came to be dismissed.

We have heard learned Counsel for the parties. There appears no dispute about the fact that the Municipal Council is likely to undertake road widening project in question. It also appears that for the purpose of road widening, Municipal Council, TalegaonDabhade, has adopted a resolution dated 3rd October, 2012. Perusal of the said resolution goes to show that it has been decided that for widening of the road trees, which are along the side of the electric transformers and poles or within encroached areas, shall be removed at preliminary stage and thereafter minimum number of trees, which would create obstruction in the process of widening of the road, shall be removed.

The Applicants have challenged implementation of the said resolution in view of the fact that after passing of such resolution a public notice was issued and objections were called for from the members of public. A large number of public members including some of the organizations submitted their objections on various grounds. So also, the public members started movement of signatures to protest tree cutting proposal in order to save the greenery in the town. According to the Applicants, trees alongside the road are old, there are nestlings of birds and some of the birds are protected species which are likely to be ousted due to loss of trees, which will be felled. Thus, felling of the trees will cause degradation of environment, loss of ecology and will also cause loss to protected species of birds.

The Application is opposed by Municipal Council, TalegaonDabhade, Tree Officer and other Authorities on various grounds. Chief bone of contention, on their behalf, is that widening of road is for benefit of public at large. It is further contended that tree cutting is not intended to cause loss to environment, but is for the purpose of ensuring convenience of the members of public.

At this juncture, during course of hearing of the matter, we have noticed that there is a clear flaw in the procedure adopted by Municipal Council, TalegaonDabhade, even before publication of Notice for calling objections from the members of public. The provisions of the Maharashtra (Urban Area) Protection and Preservation of Trees Act, 1975, would require the Municipal Council to apply to the Tree Authority for permission for felling of trees. The first stage, therefore, as contemplated in Section 8 (2) of the Maharashtra (Urban Area) Protection and Preservation of Trees Act, 1975, is to apply in writing to the Tree Authority for permission to cut/fell the trees. The application must be accompanied by the description of tree/trees and the site plan indicating position of trees required to be felled and the reasons thereof. Admittedly, no such Application has been filed by Municipal Council, TalegaonDabhade. No copy of such Application is placed on record.

Learned Advocate for Municipal Council, TalegaonDabhade, fairly states on instructions that no such Application was presented before the competent Tree Authority before publication of the Notice in question. According to him, the Notice was published in order to ascertain response of the members of public and it was only exercise to know sentiments of the public members. We find that the exercise is futile in the eye of law. We do not want to comment on the procedure undertaken by Municipal Council, TalegaonDabhade, and the steps taken under the relevant provisions of the Maharashtra (Urban Area) Protection and Preservation of Trees Act, 1975, inasmuch as regarding constitution of Tree Authority, identification of trees, decision on the objections, so on and so forth, as there are the issues which will be required to be thrashed out at the subsequent stage. We expect Municipal Council, TalegaonDabhade to take reasonable decision, so as to ensure that minimum environmental damage is caused in keeping with the principle of Sustainable Development and the principle of Doctrine of 'Public Trust'.

Under the circumstances, the Application is allowed. The Respondents are restrained from felling/cutting of trees for the purpose of alleged project of road widening, in question, i.e. between 'JijamataChowk to Railway Station Chowk', in any manner by themselves or through any Agency nominated by them and are directed that without following due procedure, they shall not publish any such Notification, henceforth, and shall ensure that identification of trees, to be felled or cut, be made before making any publication of Notice and the Application be made to the competent Tree Officer, prior to taking decision for seeking permission. The Application is accordingly allowed with no costs.