HC seeks to know protocol BMC chief follows before deciding

The Bombay High Court directed the Brihanmumbai Municipal Corporation (BMC) today to file an affidavit stating what protocol is followed by the civic chief while deciding proposals to fell trees in the city.
As per a recent amendment to the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, any proposal to cut trees below 25 in number can be placed before the concerned civic body commissioner.
Proposals above 25 trees would be sent to the Tree Authority.
A division bench of Justices A S Oka and P N Deshmukh was hearing a petition filed by an activist Zoru Bhathena complaining that tree cutting proposals were being split as the Tree Authority only looks into proposals that concern more than 25 trees.

Bhathena had approached the high court challenging the validity of last year's amendment to the Act that conferred special powers upon the municipal commissioner to decide proposals seeking permission to remove, fell or transplant up to 25 trees.
"The provisions are being misused. No one wants to go to the Tree Authority, so they bifurcate proposals," Justice Oka said.

"And what protocol does the commissioner follow before deciding the proposals? Does he consult any expert?" the court queried.
The court has directed the civic body to file an affidavit and posted the petition for hearing on February 21.
"Till then, we take it that no decision shall be taken on the pending proposals," Justice Oka said.

According to the petition, in January alone, 49 proposals for cutting 806 trees was submitted to the commissioner.