Manav Uthaan Manch vs State of Maharashtra - Tree Felling Regulations

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(viii) We clarify that powers of the Municipal Commissioners
conferred by the second part of sub-Section (4) of Section 3 of
the Trees Act shall be exercised in accordance with the
findings recorded in this order in paragraphs-47 and 48
above;

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(x) Whenever powers are exercised by the Commissioners of
the Municipal Corporations either under the second part of
sub-Section (4) of Section 3 or sub-Section (6) of Section 8, the
final decision shall not be taken by the Municipal
Commissioners without consulting the experts in the field of
Horticulture or Botany working on the establishments of the
Municipal Corporations. If the services of such experts are not
available with the Municipal Corporation, the Municipal

Commissioners shall consult appropriate experts in the field.
The orders which may be passed by the Municipal
Commissioners shall record the name/s of the person or
persons whose assistance and advice is taken by the
Municipal Commissioners. If the Municipal Commissioners
are of the view that a permission to fell a tree or trees is
required to be granted on the ground that the tree or trees are
posing grave danger to life or property, the orders will
specifically record the said reason;

(xi) The powers under sub-Section (4) of Section 3 and sub-
Section (6) of Section 8 of the Trees Act shall be exercised by
the Municipal Commissioner keeping in mind the
observations made in this order. The complete text of the
order passed by the Commissioners shall be immediately
uploaded on the website of the concerned Municipal
Corporations. If the Tree Authority is having its own
website, the orders shall be also uploaded on the website of
the Tree Authority. In addition, a public notice shall be
published in the newspapers having a very vide circulation in
the Municipal areas as observed earlier giving details of the
orders passed by the Municipal Commissioners and also
setting out that the decisions taken have been published on
the website or websites mentioned therein;

(xii) The decisions taken by the Municipal Commissioners as
aforesaid shall not be implemented for a period of three
weeks from the date on which the same are published on the
websites and newspapers, whichever is later. However, this
embargo will not be applicable in relation to the trees in
respect of which a specific finding has been recorded that the
trees constitute a grave danger to the life or property. In
relation to such trees, the orders can be immediately
implemented;

(xiii) Needless to add that after such publication is made, the
citizens who are aggrieved by the said decisions will be free
to adopt appropriate proceedings in accordance with law. If
the petitioners in these two PILs are aggrieved by any such
orders, they may also file appropriate proceedings in the

            pending PILs for challenging the decisions of the Municipal
           Commissioners;

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1. Having drawn our attention to the above, it is submitted by learned

counsel for the applicant that the above Judgment makes it clear that the

Commissioners or the Chief Officers are not expected to routinely act as

the Tree Authority by virtue of second part of sub-Section (4) of Section 3 and that it is only to tackle emergent situations that they can exercise the

power of the Tree Authority. But in the case in hand, it is submitted by

her that this power has been exercised in routine manner by the

Municipal Commissioner, which is illegal.

1. Learned counsel for the applicant has also urged that in the Nashik

District, State of Maharashtra, no Tree Authority has been set up till now

and that in their place, the Municipal Commissioner is working as the

Tree Officer, but the Municipal Commissioner has to exercise power as a

Tree Officer in an exceptional circumstances and not in routine manner.

To substance this, reliance is placed by her on the Judgment dated

02.02.2026 passed by the Hon'ble High Court of Bombay in the matter of [Abhijeet Mohan Anturkar vs. Tree Authority Department, Pune

Municipal Corporation & Ors.](https://indiankanoon.org/doc/27552502/) [(2026) SCC OnLine Bom 966], in which

following paras have been relied on:-

"6. It is these guidelines, which are alleged to be flouted as it is
pointed out to us that the notice which was published in the
newspaper, in fact, lacks any particulars to have the objections
being raised, and Mr. Anturkar, the learned counsel for the
Petitioner would invite our attention to the notice published in
daily newspaper 'Lokmat' dated 02.07.2020, which is annexed
at Exhibit-B of the affidavit-in-reply.

The objection raised is that the notice do not offer any details of
the proposed tree cutting and the details of the trees, with its
particulars are not set out in the notice at all.

We have perused the said notice to find that, with reference to
various zones, when specifically mentioned, there is a reference
of the permission granted by the Assistant Commissioner-cum-
Tree Officer, Pune, and it indicated that the details of these trees
and the permissions could be obtained from the official website
of the Pune Municipal Corporation www.punecorporation.org,
with the subject matter of "PMC Departments Tree Authority Tree
Cutting Replantation Docket- July 2020".
We find substance in the submission of Mr. Anturkar, as we find
that no details are offered therein, and as the statute
contemplate objections to be raised, the person who want to
raise an objection necessarily must be aware of the location of
the trees, the reason why the trees are sought to be felled and at
whose instance. We do not expect every person to visit the
website of the Pune Municipal Corporation to find out, as there
may be number of trees which may be involved, but an objection
may be concerned with only one or few of them, may be in the
area of his residence, or may be because of he feel that these
trees shall not be allowed to be cut.

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1. As regards the contention of Mr. Anturkar that when the Tree Officer, conduct an inquiry, he must record some reasons in support of the conclusion drawn and when he grant the permission for felling of the tree, and we concur with the said submission, but we must record that all these reasons need not necessarily be published in the notice, but they should be made available, if at all a question is raised about the procedure not being followed or the permission granted being not justiciable.

We, therefore, must only record that as Sub-Section (3) of Section
8 contemplate giving of a public notice by advertising it in atleast
one local newspaper and also affixing such notice on the
conspicuous part of the tree which is to be felled, coupled with

         the inspection of the tree, we are of the view that whenever such
        inquiry is held, the reasons shall be Rushikesh 9/9 901
        WP.3752.2021.odt recorded and maintained in the file by the
        Tree Authority, as the consideration of an application for felling
        of the tree, must be justified and only when it is felt necessary to
        grant the permission and that too on consideration of the
        objections that are raised. Since there is no appeal against such
        an order which is amenable to writ jurisdiction, we expect the
        reasons and the inputs to be recorded in writing and so that it
        can be available for examining its justiciability.

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1. In view of above, it is urged by learned counsel for the applicant

that it is essential to give the details of the trees, which are proposed to be

cut, along-with the reasons, which has not been done in the case in hand,

hence the said notices need to be quashed.

1. On the basis of above argument made by learned counsel for the

applicant, we are convinced that substantial question relating to

environment is made out in the present Original Application, therefore, we

deem it appropriate to admit this application and accordingly admit the

same.

1. Since learned counsel for the applicant is asking for interim relief

to be granted, we direct the Registry to issue Notice to the Respondents,

returnable within 02(two) weeks.

1. Applicant is directed to take necessary steps for service to the

Respondents by both ways (Dasti as well as by Registered Post)/by hand

and also on available e-mail/WhatsApp., and submit service affidavit

within one week.

1. Applicant is also directed to supply copy of the application and

relevant documents to the Respondents within a week.

1. Respondents are directed to submit their reply affidavits within two

weeks through e-filing and also circulate the same to the applicant and

also the other Respondents by available e-mail.

1. Rejoinder, if any, is directed to be submitted within one week

thereafter.

1. Put up this matter for further consideration on 24.04.2026
   
                                             Dinesh Kumar Singh, JM
   
                                                     Ishwar Singh, EM
   

March 27, 2026
ORIGINAL APPLICATION NO.34 OF 2026 (WZ)
P.Kr.