[HasiruUsiru] Important meeting to discuss Tree Act
inadequacies: Ashirwad, 16 Nov 2012, 2.30 pm to 6.00 pm
Sent: Thursday, November 15, 2012 8:49 am
To put it down in simple language, the Court
has asked the Government how massive felling of trees due to widening of roads can be allowed, when the Act actually provides for applications only from individuals.
And, importantly, the Court
has asked how the person permitting the felling of trees (the Tree Officer now in BBMP
) sits in judgment over this very decision (violating the
fundamental principle that "no one can/should be a judge in their own cause".
Of course, this is also an opportunity to comprehensively critique the inefficacy of the Tree Act
, and other relevant laws, rules and procedures, in tackling the ongoing mayhem being done to greenery and biodiversity in urban areas in particular.
Keeping all this in view, some of us felt the need for a detailed discussion on the many interconnected aspects of this law
and its implications. We had originally thought of calling for a meeting two weeks ago, but unfortunately we lost Deepak Arya then, who was so keen to be part of this process.
This is last minute no doubt, but there is now a need for us to meet. Shaheen and Vinay have managed to get Ashirwad (behind Kabab Corner on St. Mark's Road) for a meeting tomorrow (16th November 2012) between 2.30 pm and 6.00 pm. I hope most of you will manage to make time to contribute to this important discussion. All the ideas generated will become important feedback for us to present our collective views when the matter comes up again for Hearing on 20th November 2012 (Tuesday).
I must also share that Mr. Devare of Bangalore Environment Trust
has already done an extensive analysis of this Act
, and I hope he can make it (despite this very short notice) and share it with all.
Needless to state, it is also an occasion to remember Deepak and all that he did with us...
PS: You can access the Tree Act and Rules here:
Daily Orders of the Case Number : WP 7107/2008 for the date of order 03/10/2012
Honble Justice Chief Justice and B.V.Nagarathna
Order in WP 7107/2008
Present: IN W.P.NO.7107/2008:
Sri. S.Sunil Dutt Yadav, Adv. for petitioners
Sri. Subramanya R. for M/s. Ashok Harnahalli
Assts. Adv. for R-6 & R-7
Sri. B.Palakshaiah, CBC for R13-R15
Sri. Suman Baliga.M., Adv. R9
Sri. R.G.Kolle, AGA, for R1-R4, 8, 10 & 11
Sri. K.N.Phanindra, Adv. for
Ms. Vyshali Hegde, Adv. for petitioners
Sri. R.G.Kolle, AGA for R1-R3 & R5-R7
Sri. Subramanya R. for M/s. Ashok Harnahalli
Assts. Adv. for R-4
Learned counsel appearing for BBMP
prays for an adjournment to enable him to place the material on record to indicate that careful thought goes into any decision for felling a tree.
We have had a cursory glance of the Karnataka Preservation of Trees Act, 1976
, especially so far as the availability of an appeal is concerned. In the first place, it appears to us that Section 8 postulates cases where an individual is desirous of removal of a tree and not wide scale felling of trees that are necessitated when roads are sought to be widened or highways are sought to be created. Prima facie, we feel that the public must be made aware of a proposal for removal of trees by issuance of public notice so that the objections can be invited. The Act
does not provide any machinery in this regard.
Secondly, so far as the availability of an appeal is concerned, it seems to us that it may be futile and infructuous in those instances where the Tree Officer grants permission to fell a tree. Public perception is that such orders are executed almost instantly and at night. The Act
does not seem to cater for such eventuality. Furthermore, so far as the constitution of the appellate body is concerned, it comprises of three members such as a Mayor or President of the Municipal Corporation, the Municipal Commissioner or Chief Executive etc., who are in effect the persons proposing the felling of a particular tree. This may amount to a person being a judge in his own cause, which is an
anathema in law. However, since the matter is being adjourned, we shall take up these considerations on the next date of hearing.
Re-notify on 12.10.2012.
Interim orders to continue till further orders to the contrary.
Environmental, Social Justice and Governance Initiatives Environment Support Group - Trust 1572, 36th Cross, Ring Road Banashankari II Stage Bangalore 560070. INDIA Tel: 91-80-26713559~61
Tanveer / तन्वीर / ತನ್ವೀರ್
Syed Tanveeruddin / सैयद तन्वीरुद्दीन / ಸೈಯದ್ ತನ್ವೀರುದ್ದೀನ್
Mysore, Karnataka / मैसूर, कर्नाटक / ಮೈಸೂರು, ಕರ್ನಾಟಕ