Complaint filed over tree felling at Dharashiv medical college campus
A senior clerk has complained to the collector that trees were cut without permission at the government medical college in Dharashiv, and sought action against a named official.
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Senior clerk Ravi Ambadas Jadhav has filed a written complaint with the collector alleging that trees on the office campus of the Government Medical College and Hospital, Dharashiv, were cut down without anyone taking permission. The complaint seeks action against Devanand Mohole and asks that the site be inspected, a panchnama drawn up, and legal action taken against those responsible.
In the complaint given to the collector on September 9, Jadhav stated that on August 18 trees on the college's office campus were cut without any permission being taken. The complaint also asks that it be inquired whether written permission from the competent tree authority had been obtained before the felling. Jadhav attached two photographs of the site with the complaint.
Under the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975, prior permission from the tree authority is mandatory before any tree in an urban area is cut. Section 8 of the Act places restrictions on tree felling, and the authority can set conditions, including replacement planting, while granting permission. Under the Act, the concept of felling a tree includes not just cutting it down but causing it damage in any manner. What matters, therefore, is not only whether a tree was completely felled but also the exact nature of any damage caused to it.
Under Section 21(2) of the Act, every tree felled without permission is treated as a separate offence. If the allegation is found true on inquiry, the panchnama will need to record how many trees were felled, along with their species, age, size and the nature of the damage. On conviction under Section 21, a fine equal to the assessed value of the tree is levied for each offence, as per the government method of valuing trees, though it can go up to a maximum of one lakh rupees. There is also a provision for imprisonment ranging from a minimum of one week to a maximum of one year. Following a 2021 amendment, the fine amount was linked to the tree's assessed valuation.
An official inspection and panchnama will be needed to establish whether trees were actually felled, how many, whether the land was government land, whether tree authority permission had been obtained, and if so, whether its conditions were followed. Under the law, tree officers or authorised officials have the power to enter public land to inspect and enforce the law. Tree officers, authorised officials and police officers can all take necessary steps to prevent tree felling.
The allegations in the complaint have not yet been officially inquired into, and Devanand Mohole has not yet given any clarification on the matter. Whether the tree felling was illegal or was carried out with official permission will become clear only after an inquiry. If the allegation of felling without permission is proven on inquiry, it could raise the question of action under Sections 8 and 21 of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975. There is a judicial record of action having been taken in similar cases in the state earlier under Section 8(1) read with 21(1).
