Trees in Pune have new friends now
Indian Express, Pune Newsline 1st
Feb’06 - Vinita Deshmukh
"Two large trees - a Sesam tree and a Gulmohor tree - on Max Mueller Bhavan Road, off Boat Club Road, are being cut down by the Garden Department of the Pune Municipal Corporation. The public has been given 15 days time to record their objections. Please come forward to submit your objections.''This is an appeal from Firoza Saran, a member of the Pune Tree Watch, who, on January 30, halted the PMC from chopping off one of the two trees by confronting the people who had come to fell it, for the sake of a drainage line. When Saran asked them for a challan from the PMC for proof, they did not possess any. Says she, ``They made me ring up Mr. Gharpure, who is is second-in-command to PMC's Garden Superintendent Yashwant Khaire. He said that a drainage line was being laid below the tree and therefore the tree had to be chopped. I argued that they are supposed to paste a notice on the tree and give the public 15 days time to submit their objections.'' The result: they only cut one of the branches which had already been chopped off and have left the tree alone at the moment. Interested citizens may submit their objections. Pune Tree Watch, a citizen pressure group founded by Kalpavriksh an environmental organisation, which is on red alert about tree felling in Pune, has to its credit, saved 350 trees in the last three months. Founded in July 2005, its 85 odd members besides interacting and sending alerts on the yahoo discussion groups, meet the members of the Tree Authority and the
garden Superintendent, regularly. Says Tasneem Balasinorwala, one of its prominent members, ``Not many know that whenever even a single tree has to be felled, the PMC is required to
put up a notice on a conspicuous part of the tree, so that citizens can raise objections in the given period.''' As per the law, the PMC periodically comes out with a docket which contains the list of applications that have been submitted to the garden department for tree felling. This docket is required to be published in prominent newspapers to facilitate the public for filing suggestions and objections. It is also mandatory for the PMC to put up a notice on a conspicuous part of
a tree which is slated to be felled. But how many of you have seen such a sight? The Pune Tree Watch members aim to bring awareness amongst citizens to save trees, which they say are being indiscriminately felled. Says, Vinod Jain, one of the die-hard activists, ``It is also mandatory for any contractor or PMC personnel who come to fell a tree to have a valid challan from the
garden department. Often, when I confront them, they either do not have a challan or if they have, it is sometimes for just one tree but you see them chopping several trees. Sometimes, permission is given to cut-off just a branch or two but they hack the whole tree.”The organisation says on its website, that, about 17,000 trees have been felled in the city in the last three years. Members say that citizens are generally helpless when they see trees being chopped in the neighbourhood. They either give distress calls to newspaper offices, police stations or the
PMC. Instead, the Pune Tree Watch is playing the role of a support group and would help any citizen who wants to object to any tree felling.The Pune Tree Watch members, have begun inspecting the sites, once they receive the docket from the PMC, which they collect personally. Thanks to their constant interaction with the authorities, they have got an assurance from the Pune Municipal Corporation's Garden Department that joint site visits will be organised through the month to scrutinise whether the applications received for tree felling fulfill the criteria for felling of the tree. Since the PMC gives just two to three days for raising objections against
any tree felling, the members say, ``this can be a tedious process and one needs to be prompt and present whenever possible. So if such visits spread out over the month, it becomes a bit more easier, better and more people can start getting involved.'' The Pune Tree Watch is looking out for area wise representatives.In case, you would be interested, you may contact: Tasneem Balasinorwala - on 98509 18042. Or send a fax on: 91-20-25654239 or email tasul@vsnl.net.
The website address is: www.kalpavriksh.org
IF a tree is being cut in your neighbourhood
* Contact the garden superintendent of PMC, Yashwant Khaire on:
25538553/25538514
* Ask, if permission has been given? If so, is it for pruning or is it for felling the tree?
* Ask, why no notice had been put up on a conspicuous part of the tree?
* Write a mail to tasul@vsnl.net so that your alert can be put up onto the website and help you follow up.
SOME MILESTONES
July 2005: Tasneem sent an alert on the number of trees which were being felled in Kubera Park Society, Lullanagar. This was the second time that they were trying to cut down the trees after their first attempt was reported to Khaire, and permission was denied for the same. This was duly
reported to the garden superintendent, Khaire and the society has been slapped with a fine amount.
August 2005: More than 100 trees were slated for felling at Karve Road for road widening purpose. An alert was sent by Ravindra Latey and he prepared an alternative proposal for storm water drainange and service ducts. Many citizens from the area including members of the Pune Tree Watch joined the campaign. On September 13, the PMC accepted the alternative proposal and saved many trees.
September 2005: Satish Khot sent an alert when he saw - on a construction site on Mangaldas Road/ Naylor Road - an excavator being used to dig the foundation. The digging seemed to be very close to the trees. So a group of them got together and went to the site and found that the excavations had exposed the roots of one tree. Further, the digging was very close to the second tree - a magnificent rain tree with a diameter of about 10 feet. They asked for the certified drawings, commencement certificate, permission to cut trees. They rung up the ward officer, city engineer, the garden Superintendent and the nearby police chowkey. It worked. They found that
permission had not been given to cut these two trees and the buildings to be constructed were nowhere close to these trees. The builder had to fill up the earth, which he had excavated.
September 2005: Vinod Jain, a member of Pune tree Watch informed the Pune Tree Watch that seven gulmohur trees were cut opposite the Ohel Synagogue, at Moledina Road, to make way for a hoarding. A complaint was made to the garden Superintendent. However, Jain says that on Tuesday, more trees were felled. Jain has lodged a complaint again.
VINITA DESHMUKH
Before felling, a notice on a conspicuous part of the tree, is a must
WHY THE TREES ACT?
The Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975 (modified upto June 9, 2004) was implemented ``to make better provision for trees in urban areas in the State by regulating felling of trees and providing for planting adequate number of new trees in those areas.``Whereas, with the growing pace of urbanisation and industrialisation, there has been indiscriminate felling of large number of trees in the urban areas of the State of Maharashtra;Æ
And whereas it is expedient to make better provision (for protection and preservation) of trees in urban areas in the State, by regulating felling of trees and providing for planting of adequate number of new trees in those areas and to provide for matters connected therewith;''
WHAT ARE THE KIND OF RESTRICTIONS ON FELLING OF TREES?
8.(1) On and after the date on which this Act is brought into force in any urban area, notwithstanding any custom, usage, contract or law for the time being in force, no person shall fell any tree or cause any tree to be felled in any land, whether of his ownership or otherwise, situated within that urban area, except with the previous permission of the Tree Officer.
(2) If (any person, including an officer of the urban local authority or an officer of the state government or the central government proposes) to fell a tree, he shall apply in writing to the (Tree Authority) for permission in that behalf. The application shall be accompanied by (the description of the tree and) a site plan,indicating the position of the tree required to be
felled and the reasons thereof;
(3) (a) On receipt of such application, the Tree Authority shall cause the Tree Officer to personally inspect the tree and hold enquiry and submit a report to the Tree Authority within a period of 30 days from the date of receipt of such application. Adequate public notice shall be given by the Tree Officer by advertising in local newspapers as well as by affixing a notice on a conspicuous part of the tree that is required to be felled. Thereafter, the Tree Authority may give permission with or without conditions or refuse it, within a period of 60 days from the date of receipt of the application. However, no tree shall be felled until 15 days after such permission is given. Provided that, no such permission shall be refused if, in the opinion of the Tree Authority, the tree is dead, or diseased or wind-fallen, or it constitutes a danger to life or property, or obstructs traffic; and if any objection is received against such permission the matter shall be placed before the Tree Authority for reconsideration, and a decision shall be taken within two weeks after giving a hearing to the person who has raised the objection.
(b) A report of permissions granted by the Tree Authority shall be submitted at least once in six months to the concerned urban local authority in whose jurisdiction the Tree Authority is functioning.
(4) If the Tree Authority fails to inform the applicant of its decision within 60 days, from the date of the receipt of the application by it, or if the receipt of the application has been acknowledged by it within this period, from the date of the acknowledgement of the receipt of the application, the permission applied for shall be deemed to have been granted.
(5) Where permission to fell a tree is granted the Tree Authority may grant it subject to the condition that the applicant shall plant another tree of the same or other suitable local species on the same site of other suitable place within 30 days from the date the tree is felled, or such extended time as the Tree Office may allow in this behalf.
(9) (1) If, in the opinion of the Tree Officer, the number of trees in any land is not adequate according to the standards prescribed under paragraph (c) of Section 7, the Tree Officer may, after giving a reasonable opportunity to the owner of occupier of the land of being heard, by order require him to plant such trees or additional trees and at such places in the land as specified in the order.
(2) When an order is made under such section (1), the owner or occupier of the land shall comply with the order 90 days from the receipt thereof.
WHAT IS THE OFFENCE AND PENALTY?
21.(1) Whoever fells any tree or causes any tree to be felled in contravention of the provisions of the Act or without reasonable excuse fails to comply with any order issued or condition imposed (by the Tree Officer or the Tree Authority or voluntarily obstructs any member of the
Tree Authority or the Tree Officer or any officers and servants subordinate to him in the discharge of their functions under the Act, shall, on conviction, be punished with the fine of not less than 1,000 rupees which may extend upto 5,000 rupees for every offence and also with imprisonment for a term of not less than one week, which may extend upto one year.
Provided that, nothing in this section shall apply to the felling of trees on or along the public roads undertaken by the Public Works Department of the State or Central Government ends