Legal Question in Environmental Law in India

Tree Cutting

My father owns about 300 sq.yards plot in East Delhi and built three floors recently. The ground floor was sold off. We had also planted three trees about 10 - 15 years back and all of them were healthy. Recently the occupant of the ground floor has cut down two trees without our knowledge and consent. What action as the owner of the land can we take against him and what can we do to prevent him from cutting the third tree?


Asked on 8/25/08, 9:06 am

2 Answers from Attorneys
Mahesh Gupta Medico-legal Advocates and Consultants

Re: Tree Cutting

My views are as follows:

1. The first question is: who is the owner of the trees? The answer would come from the sale deed executed between your father and the buyer of the ground floor.

2. If your father is the owner of the trees, then the buyer of GF has damaged your father�s property and is liable for the same.

3. If the buyer is the owner, your father can still take legal action because cutting a tree, even on personal land, is illegal if done without permission.

4. Regarding prevention of cutting the third tree, a notice to the person concerned and a complaint to the municipal authorities should be sufficient.

M C Gupta

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Answered on 8/25/08, 9:47 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Tree Cutting

You are no more the owner of the land after having sold the ground floor, OR did you sell only structure without the land?

The possible action depend upon your contract with the vendee.

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Answered on 8/25/08, 4:05 pm


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