Bombay High Court Issues Notice On Plea Seeking Removal Of Decorative Lighting From Tree Trunks & Branches

The Bombay High Court on Wednesday issued notice to the state government, Brihanmumbai Municipal Corporation (BMC), as well the municipal corporations of Thane and Mira Bhayander in a PIL on the ill effects of the installation of decorative lights on trees.

A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Arif S Doctor opined that the issues raised in the petition are matters of public interest and sought responses from the state government and Tree Authorities of the municipal bodies within four weeks. The court kept the matter for further hearing on June 12, 2024.

The PIL, filed by activist Rohit Manohar Joshi, highlights the detrimental effects of decorative lighting on trees and organisms living on or around the trees during festivities and other occasions.

The petition states that the unregulated practice of draping, fixing or wrapping bright lights and high-tension cables across the trunks and branches of trees is detrimental to the health and growth of the trees. The petition highlights that the trees are wrapped with fairy lights and also floodlights which cause light pollution disrupting wildlife and birds.

“Presence of such cables, wires, lighting etc are detrimental to the health and growth of the trees upon which the lights, wires, cables are wrapped/draped across. The exposure to artificial light can impact and reduce the efficiency of the process of photosynthesis, a process when plants generate glucose molecules (or other sugars) from water and carbon dioxide, and oxygen is released as a byproduct”, the petition reads.

The petition points out that while such decorations are supposed to be temporary, trees in Mumbai's Malabar Hills, Breach Candy, Walkeshwar and Andheri areas have been draped with lights for several months. Similarly, such lighting can be seen in various areas of Thane and Mira Bhayander, the petition states.

The petition cites a research paper titled "Effect street light pollution on the photosynthetic efficiency of different plants," published by the Department of Botany, School of Life Sciences, Guru Ghasidas Vishwavidyalaya, CG, Bilaspur, India. This study concluded that exposing plants to continuous light affects their photosynthetic efficiency as they require certain periods of darkness for recovery of physiological function.

During the proceedings, advocate Ronita Bhattacharya for the petitioner cited a July 2019 circular from the Delhi government's forest department aimed at safeguarding trees from damage caused by signboards, electric wires, and other elements. This circular, issued based on a National Green Tribunal (NGT) order, highlights measures taken by the Delhi government to check on damage caused to the trunks of trees and roots on account of signboards, advertisements, electric wires, high tension cables and other damaging elements.

The petitioner further cited Section 2(c) of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975, which defines actions detrimental to trees, including burning, cutting, or any form of damage. The petition contends that damaging the tree amounts to “felling of trees” under this section and thus, draping light on the tree constitutes felling of the tree.

Additionally, Section 8 of the Act imposes restrictions on tree felling, subject to permission from the respective tree officer or authority. Based on these provisions, the petition contends that installing decorative lighting and electric wires on trees without proper authorization is entirely illegal, and cannot be justified on the basis of religious celebration or customary practices.

The petition seeks various measures from the authorities, including the removal of unauthorized materials from trees, public awareness campaigns, and the prevention of illegal installations of high-tension cables. The petition also seeks the constitution of a committee of environmental experts and civil society members to ensure that high-tension cables, wires, lighting and signposts are not illegally installed on trees, particularly during festive seasons.

Case no. – PIL/13/2024 [Original]

Case Title – Rohit Manohar Joshi v. Superintendent Of Gardens And Tree Officer, Tree Authority and Ors.