NAVI MUMBAI MUNICIPAL CORPORATION Vs. PILLE

JUDGEMENT

(1.) This is an appeal impugning an order and judgment dated 20th September 2003 passed by the Joint Judicial Magistrate, First Class, Vashi, acquitting four respondents (the accused) of offences punishable under Section 21 of the Maharashtra (Urban Areas) Preservation of Trees Act, 1975 (the said Act).

(2.) On 24th February 2020 since nobody was present in Court representing respondents, the Court appointed Ms. Shweta Sangtani, an Advocate, as Amicus Curiae. Before I proceed with the case, I must express my appreciation for the assistance rendered and endeavour put forth by Ms. Shweta Sangtani, learned Amicus Curiae.

(3.) The accused are alleged to have felled 26 ashoka trees. The accused reside in Shantiniketan Apartments complex at Section 9, Nerul, Navi Mumbai (the complex). The complex comprised of 7 buildings, with each building having 12 apartments. Therefore, there are 84 apartments in the complex. It is the case of prosecution that between 20th June 1999 to 23rd June 1999, 26 ashoka trees were cut by accused without prior permission of the concerned authority as required under Section 21 of the said Act. PW-3 one Narayan Datta Bandekar, who resides in the complex, filed a complaint to the concerned authority, i.e., PW-1, Tree Officer of Navi Mumbai Municipal Corporation, about the cutting of trees based on which PW-1 directed PW-2, the Ward Officer, to investigate. PW-2, the Ward Officer, submitted a report stating that trees have been cut and also with the report, submitted photographs. Based on the report and photographs, PW-1 commenced prosecution.