Thane: Bombay High Court Addresses Concretisation Of Tree Roots, Expands PIL Scope

The Bombay High Court on Wednesday took cognisance of the concretisation of roots/base of trees in Mumbai while hearing a public interest litigation (PIL) seeking de-concretisation of roots/ base of trees in neighbouring Thane.

A division bench of Acting Chief Justice Nitin Jamdar and Justice Arif Doctor observed that the The Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975, which is also applicable to the BMC, casts duty on the civic body to take care of the trees in the city and accordingly has asked the petitioner to add BMC as respondent to the PIL.

Plea for De-Concretisation and Disaster Management Plan

The HC was hearing a PIL filed by one Rohit Joshi seeking de-concretising the roots/bases of trees in Thane District. The plea also sought formulation of a disaster management plan with specific provisions for compensation and employment offered on compassionate ground for the kin/victims of incidents involving injury/death caused by the collapse of trees in Thane.

The National Green Tribunal (NGT) had directed in July 2015 to de-concretise roots/ bases of trees for their preservation. Following the order of the NGT, the TMC had formed a committee, which gave various suggestions. It suggested that a 3 x 3 feet space around trees should be de-concretised and should be filled with soil.

TMC's Progress Report and Discrepancies Raised

During the hearing on Wednesday, advocate for Thane Municipal Commissioner (TMC) informed the court that they have identified 7,396 trees in Thane which need to be de-concretised and the process will take 45 days.

Ronita Bhattacharya Bector, advocate for the petitioner, argued that there were more than 7,396 trees in Thane which required de-concretisation.

The HC has directed the TMC commissioner to collate data from all the ward officers and submit a progress report.

Emphasizing Careful De-Concretisation for Tree Preservation

“Though the learned counsel for the Thane Municipal Corporation states that there are a large number of trees in the Thane City. It may be that 7396 number of trees appears to be small, in proportion to total number, still it is a large number,” the bench noted in its order.

The TMC has also been directed to set up the help-line/ e-mail address whereby the residents can inform the Municipal Corporation as regards the trees which require de-concretisation and the Municipal Corporation would give adequate publicity for the same. “Needless to state that the work of deconcretisation will be carried out in careful manner, with an ultimate object of preservation of the trees,” the bench noted.