ZORU DARAYUS BHATHENA Vs. TREE AUTHORITY, MUMBAI

JUDGEMENT

(1.) At the hearing of the Public Interest Petition on 16.07.2019, learned counsel for the Petitioner restricted arguments to the number of nominated members on the Tree Committee for the area under the jurisdiction of Municipal Corporation of Greater Mumbai. Other challenges were given up.

(2.) In the year 1975, the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975 (Hereinafter referred to as the Trees Act) was promulgated. As per Clause (f) of Sub-section (2) of the Act, "Urban area" was defined to mean a municipal corporation area for which a municipal corporation was constituted under the Bombay Municipal Corporation Act, the Bombay Provincial Municipal Corporation Act or the City of Nagpur Corporation Act or a municipal area for which a Municipal Council was constituted under the Maharashtra Municipalities Act, 1965 and included notified areas for which special planning authority was constituted or appointed under the Maharashtra Regional and Town Planning Act or an area designated as the site for a new township under the Maharashtra Regional and Town Planning Act.

(3.) Chapter II of the Trees Act 1975, under the caption: ESTABLISHMENT AND PROCEDURE OF TREE AUTHORITY, vide Sub-section (1) of Section 3, provides that as soon as may be after the Act is brought into force in any urban area, the Urban Local Authority concerned shall constitute a Tree Authority comprising a Chairman and not less than five and not more than fifteen persons from amongst its members, appointed in such manner and for such period as that authority may determine. Vide Sub-section (3) of Section 3 it is further stipulated as under :-