MUMBAI: The Brihanmumbai Municipal Corporation (BMC) on Tuesday advised the Bombay prime court docket that it used to be neatly within its powers in granting permission to a couple private our bodies for trimming timber on their respective premises.
In an affidavit filed in HC thru its gardens and timber department, the civic frame additionally advised the court docket that its staff used to be sporting out trimming and pruning work on timber, and also permitting some citizens and private agencies to take action, only to be sure that such timber don't pose any risk to lives of citizens this monsoon.
The affidavit used to be filed according to a city-based activist's plea alleging that the BMC were allowing indiscriminate felling of timber across the metropolis in the name of pruning, and trimming them ahead of the monsoon.
Activist Zoru Bhatena had sought that the civic frame be restrained from sporting out or permitting citizens to undertake such trimming and hacking of timber.
In his plea, Bhatena had additionally highlighted some recent information experiences which mentioned that the BMC granted blanket permission to 9 public and private our bodies to trim timber on their premises for the next 3 years.
The BMC, on the other hand, refuted the allegations in court docket.
The civic frame's counsel advised a bench of justice AS Oka and RI Chagla that section 383 of the Mumbai Municipal Corporation Act accepted trimming of such timber that had over grown branches, or had been outdated and whose branches might fall off due to heavy rains and thus, cause injury to public property and even pose a danger to the safety of citizens.
Bhatena had advised the bench to stick such permissions and direct the BMC to trim or fell timber only in response to the Maharashtra (Urban Areas) Protection and Preservation of Trees (Amendment) Act.
The civic frame, on the other hand, claimed in its affidavit that the Trees Act dealt only with felling of timber and no longer with pruning or trimming them.
It mentioned that while one requires permission of the BMC's tree authority for felling of timber, the pruning and trimming will also be allowed via the gardens department vide the powers vested in its officials thru section 383 of the Municipal Act.
The company additionally submitted that over the previous few years, it had gained a lot of requests from agencies reminiscent of Reliance Energy, Tata Power, the Airport Authorities, and the suburban Railways, seeking permission to trim timber on their place of job premises, or in areas below their jurisdiction, since a number of of such timber had "become dangerous due to irregular growth".
"Prompt action with respect to the trimming of such trees, particularly in the monsoon season, is crucial to avoid any untoward incidents," the BMC mentioned while justifying the permission granted to such agencies to trim the timber.
In an affidavit filed in HC thru its gardens and timber department, the civic frame additionally advised the court docket that its staff used to be sporting out trimming and pruning work on timber, and also permitting some citizens and private agencies to take action, only to be sure that such timber don't pose any risk to lives of citizens this monsoon.
The affidavit used to be filed according to a city-based activist's plea alleging that the BMC were allowing indiscriminate felling of timber across the metropolis in the name of pruning, and trimming them ahead of the monsoon.
Activist Zoru Bhatena had sought that the civic frame be restrained from sporting out or permitting citizens to undertake such trimming and hacking of timber.
In his plea, Bhatena had additionally highlighted some recent information experiences which mentioned that the BMC granted blanket permission to 9 public and private our bodies to trim timber on their premises for the next 3 years.
The BMC, on the other hand, refuted the allegations in court docket.
The civic frame's counsel advised a bench of justice AS Oka and RI Chagla that section 383 of the Mumbai Municipal Corporation Act accepted trimming of such timber that had over grown branches, or had been outdated and whose branches might fall off due to heavy rains and thus, cause injury to public property and even pose a danger to the safety of citizens.
Bhatena had advised the bench to stick such permissions and direct the BMC to trim or fell timber only in response to the Maharashtra (Urban Areas) Protection and Preservation of Trees (Amendment) Act.
The civic frame, on the other hand, claimed in its affidavit that the Trees Act dealt only with felling of timber and no longer with pruning or trimming them.
It mentioned that while one requires permission of the BMC's tree authority for felling of timber, the pruning and trimming will also be allowed via the gardens department vide the powers vested in its officials thru section 383 of the Municipal Act.
The company additionally submitted that over the previous few years, it had gained a lot of requests from agencies reminiscent of Reliance Energy, Tata Power, the Airport Authorities, and the suburban Railways, seeking permission to trim timber on their place of job premises, or in areas below their jurisdiction, since a number of of such timber had "become dangerous due to irregular growth".
"Prompt action with respect to the trimming of such trees, particularly in the monsoon season, is crucial to avoid any untoward incidents," the BMC mentioned while justifying the permission granted to such agencies to trim the timber.
BMC justifies nod to pvt agencies to trim trees
Reviewed by Kailash
on
June 12, 2018
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