ZORU DARAYUS BHATHENA Vs. TREE AUTHORITY, MUMBAI MCGM

JUDGEMENT

(1.) The two captioned petitions are being disposed of by a singular order because in both petitions the challenge is to the resolution dated 29th August 2019 passed by the Tree Authority Mumbai. The Petitioner in Writ Petition No. 2410/2019 has prayed as under:-

(2.) The Petitioner in Writ Petition (L) No. 2565/2019 has prayed as under:-

(3.) The Maharashtra (Urban Areas) Protection and Preservation of Trees Act 1975 requires, vide Section 3 thereof, a Tree Authority to be constituted and for the area comprising Municipal Corporation of Greater Mumbai the authority has been constituted comprising 19 members: 13 being Corporators and 5 nominated Expert and 1 Municipal Commissioner who is the Chairperson of the Tree Authority. The duties and functions of the Tree Authority are as per Section 7 of the Trees Act, 1975. As per the said Act if large number of trees have to be felled the procedure to be followed is that the persons/body desirous of felling the trees has to make an application to the Tree Officer who has to visit the site and identify the trees proposed to be felled and prominently display on the trees that permission has been sought to fell the tree. The Tree Officer has also to publish a notice in the locality where the tree is standing. Objections if any received have to be considered by the Tree Officer and the proposal prepared by the Tree Officer has to be placed before the Tree Authority for a decision to be taken.