Do you need permission to cut down trees in your premises?
As Indian cities are growing on at a fast pace, hundreds of trees are being cut down every month to accommodate new buildings, hoardings and infrastructure. It is true that urbanization is essential for social, economic and personal growth, but there are certain rules laid by the government of India regarding cutting down trees, for both private premises and private places. Due to the ignorance of these rules, many citizens are ending up paying penalties and facing its consequences.
Let’s have a quick look at the legalities and penalties associated with cutting down trees and what steps can be taken alternatively.
Penalties associated with cutting down trees
According to the Indian Forest Act, each state has laid down its own rules and regulations against felling of trees. But you may wonder if it is required to take permission to cut down a tree in your premises.
The answer is ‘yes’, because, according to this Act, the penalty for cutting down a tree is Rs.10,000 or 3 months imprisonment. There are several instances reported in which laymen ended up paying Rs.10,000 as compounding fee to the forest department for cutting down trees in their premises. For cutting down trees that are blocking your way, whose branches are spreading to your house or blocking hoardings, you need to take a clearance from the Forest department. Many people, due to their ignorance of the rules are attracting penalties from the Forest department.
As per the Environment Authority Act, every tree must be transplanted and in cases where they cannot be transmigrated, 5 new saplings must be planted. This is a stronger act which ensures that the environment is handled in a responsible way and compensated for destruction.
How to get the permission to cut down trees?
If you wish to cut down a tree that is blocking your way, or for any other reason, you need to submit an application to the respective Forest department office, mentioning the threat you are facing, along with a copy of your title deed, or ownership certificate and photo. You would be also required to write to the corporation, to give clearance to the Forest department. On receiving the application, a forest officer or an officer from the Tree Authority will undertake a site inspection and all genuine requests will be granted permission.
According to the rules of most cities, trees can be cut only if it causes a threat to life or property and it can be done only after getting permission from the District Forest Officer. In cases where permission is not taken, penalties can be imposed depending upon the value of the tree, which is based on its age.
Tree authority of India and their role
According to The Maharashtra (Urban Areas) Preservation of Trees Act, 1975, a Tree Authority has been appointed for regulating the felling of trees as well as planting new trees. The authority appoints ‘tree officers’ in every city who have the responsibility of protecting and preserving trees within their area. Usually, on receiving requests for cutting down trees for big projects, the Tree Authority soon after giving approval will put up a public notice in the local newspaper to see if anyone has any objections. If in case any objections are raised, the authority conducts a hearing, for which the decision will come within two weeks.
Environmentalists still strongly feel that there are not adequate environmental laws to prevent trees from being cut down. This is because Tree Authorities are not present in every city of India. Also, there have been several instances of corruption where many violators get away by either bribing or just paying up the amount. As for big companies involved in massive projects, Rs.10,000 is a minor amount.
