Legal Question in Environmental Law in India

Re: tree cutting

Yes. It will be an offence. FIRST, it is not on your prOperty and it is not your property. It is probably on government land and is government property. SECOND, even if you have a tree on your property, you can't cut it down without permission of the Tree Authority or TA, which is usually the local municipality.

Exact answer to your question will depend upon who owns the tree; who owns the land on which it stands; what is the species of the tree?; what is its nature (healthy, diseased, dead, a danger to public etc.); whether it is in agricultural or residential area; whether in urban or rural area; in which state of India, etc.

In general, you will need permission. As an example, supposing it is in Pune, the following would apply--

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Within 30 days of receiving the application, a Tree Officer must personally inspect the tree, hold an

enquiry and report back to the TA or Tree Authority. Adequate public notice is to be given by the Tree Officer by

advertising in the local newspapers. In Pune these are done on a rotation basis by the PRO, as well as a notice must be fixed on the tree itself. The TA must give or refuse permission within 60 days from receipt of application with/without conditions.

Such permission shall not be refused if, in the opinion of the TA, the tree is dead, diseased, windfallen, poses a danger to life or property, and/or obstructs traffic

.

However, no tree shall be felled until fifteen days after such permission is given.

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Dr. M C Gupta

MD, LL.M.

ADVOCATE Member, Supreme Court Bar Association

Member, Indian Law Institute

[email protected]

http://www.medindia.net/myhome/mcgupta44

www.writing.com/authors/mcgupta44

Re: tree cutting

it is an offence but tikdam ladani padegi.