The Brihanmumbai Municipal Corporation on Monday filed an affidavit in the Bombay High Court denying that its tree authority is illegaly constituted and the permission it has given for cutting trees for different projects or authorities is legal.
In an affidavit filed by Superintendent of Garden and Trees Jitendra Pardesh, he stated, "As per the provisions laid down, the corporation has validly constituted the tree authority, which is chaired by the Municipal Commissioner and has 13 members."
In regards to the challenge in the petition that nominated members of non-official organisation, who should be active members registered with the Social Forestry Department are not appointed. The affidavit says "It had requested for a list of organisatins available with the social forestry department. However, the department has informed the civic body about the non-availability of such registered organisations."
The affidavit was filed while hearing a petition filed by activisit Zoru Bathena, challenging the constitution of the tree authority. In his petition it is said, Tree Authority cannot give permission to cut trees until it is formed according to the guidelines of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act 1975, which must include independent experts.
In April, the High court had directed in its order pertaining to Thane and Mumbai, that non-official members, with expertise in plantation and preservation of trees and belonging to different NGOs, should be appointed in the Tree Authority of municipal corporations. The number of such appointed experts in the Tree Authority should not exceed the number of corporators. The BMC's tree authority has 13 members, all of which are corporators.
However, the affidavit says "The court has not held that nomination of non-official members is mandatory and a sine qua non (essential condition), for the valid constitution of tree authority. In view of the above, tree authority constituted is valid, in accordance with law and cannot be dissolved on the sole ground of non-appointment of nominated members.
In The Past
- The affidavit was filed while hearing a plea filed by activist Zoru Bathena, challenging the constitution of tree authority
- BMC files affidavit saying it was legally made & permits granted are legal too
