section 8
Restrictions on felling of trees
Maharashtra (Urban Areas) Protection and Preservation of Trees (Amendment) Act, 2015Environmental201525 sections
Statutory text
- (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 wishes to fell a tree, he shall apply in writing to the Tree Officer for permission in that behalf. The application shall be accompanied by a site plan, indicating the position of the tree required to be felled and the reasons therefor. Provided that, where the significant number of trees are proposed to be felled, the alternate design along with the number of trees required to be felled for respective design shall be submitted alongwith the application.
- (3) On receipt of such application, the Tree Officer may, after inspecting the tree and holding such inquiry as he deems necessary either grant or refuse the permission applied for : Provided that, no such permission shall be refused if, in the opinion of the Tree Officer, the tree is dead, diseased or wind-fallen, or it has silviculturally matured or it constitutes a danger to life or property or it constitutes obstruction to traffic or it is substantially damaged or destroyed by fire, lightening or torrential rain.
- (a) [List of sub-clauses including
- (v) specifically mention in the advertisement, if the tree to be felled is a heritage tree ; and (vi) determine the age of the tree being felled as per the criteria and method as may be notified by the Government.]
- (a) [List of sub-clauses including
- (4) Subject to the provisions of sub-section (5), if the Tree Authority fails to inform the applicant of his decision within forty-five days, from the date of receipt of the application by him, or if the receipt of the application has been acknowledged by him within this period, from the date of acknowledgment of the receipt of the application, the permission applied for shall be deemed to have been granted : Provided that, the provisions of this sub-section shall not be applicable in case of felling of a heritage tree. (5)
- (a) Where permission to fell a tree is granted or deemed to have been granted under sub-section (4), the applicant shall plant such number of trees equal to the estimated age of the tree being felled and such trees to be planted shall be of atleast six feet height. The number of trees to be planted on the same site and that on other suitable place alongwith location of such suitable place shall be mentioned in the permission to be granted by the Authority. The trees shall be planted within fifteen days from the date the tree is felled, or such extended time as the Tree Officer may allow in this behalf: Provided that such extended time granted shall not exceed fifteen days.
- (b) Tree Officer shall determine the age of the tree being felled as per the criteria and method as may be notified by the Government. (5A) The applicant and the Tree Authority or Tree Officer shall ensure that, compensatory plantation shall be carried out and the trees planted shall survive for a minimum period of seven years. It shall also be ensured that, the tree mortality during this period shall be compensated by planting equal number of new trees: Provided that, in case it is not possible for applicant to do the compensatory plantation, the applicant shall deposit an amount not less than valuation of trees being felled. Such valuation shall be based on methodology as may be notified by the Government: Provided further that, such amount deposited shall be utilized only for the purpose of compensatory plantation, its preservation and compensatory plantation in lieu of the tree mortality during this period. (5B) [Deleted] (5C) New trees planted, in lieu of the permission to fell a tree granted under sub-section (5), shall be geo-tagged and monitored using latest technologies available.
- (6) Notwithstanding anything contained in this Act, if the number of trees proposed to be felled is twenty-five or less, in such cases all the functions and powers of the Tree Authority shall be exercised by the Municipal Commissioner of Municipal Corporation or the Chief Officer of Municipal Council or the Chief Executive Officer of the Authority as the case may be.
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