Bombay High Court To Monitor De-Concretization Of Trees In Thane, Orders To Set Up Helpline For Residents

A division bench of Acting Chief Justice Nitin Jamdar and Justice Arif Doctor was hearing a PIL seeking de-concretization of tree roots and bases in Thane District.

“Since the learned counsel for the Thane Municipal Corporation states that the work of de-concretization would be commenced immediately and would be completed within 45 days, we intend to monitor the same”, the court said.

The court directed the TMC to establish and to ensure adequate publicity of a helpline number and email address where residents can report trees in need of de-concretization.

The PIL, filed by activist Rohit Joshi and others, also seeks a disaster management plan with compensation and employment provisions for victims and their families in incidents involving tree collapses.

During the hearing, Advocate NR Bubna for the TMC submitted minutes of a meeting held by the Assistant Commissioner of TMC, stating that approximately 7,396 trees still require de-concretization. The TMC informed the court that the process was ongoing and would take about 45 days to complete.

However, Advocate Ronita Bhattacharya Bector for the petitioner argued that the number of trees requiring de-concretization might be higher than what the TMC reported.

Referring to the Maharashtra Municipal Corporations Act, 1949 and the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975, the court noted that the de-concretization of tree roots and bases falls within the mandate of the Tree Authority. The Tree Authority is responsible for maintaining trees and carrying out a census of existing trees. Currently, the Thane Municipal Commissioner is looking after the work of the tree authority, the court was told.

The court noted that the TMC Commissioner had formed a committee in 2017, which recommended de-concretization and filling 3 square feet area surrounding the trees with soil, even in private properties, offices, and co-operative housing societies. The Public Works Department was entrusted with the responsibility of de-concretizing trees on TMC roads, offices, and buildings. Even before this, in February 2016 the Commissioner gave directions regarding de-concretization of trees within the Thane Municipal Corporation, the court noted. The court also referred to a National Green Tribunal (NGT) order from July 2015, passed in an application against the BMC calling for the removal of concrete around trees.

The court observed that despite these directions and the statutory mandate, the de-concretization work in Thane City remains incomplete, and the number of 7,396 trees is considerable.

Thus, the court directed the TMC Commissioner to seek reports from ward officers regarding the work required in their wards and take action against any dereliction of duties. Once the information is collated, the Commissioner is expected to submit a progress report to the court.

While the PIL specifically pertains to the TMC area, the court highlighted similar duties imposed on the BMC under the 1975 Act and the Municipal Corporation of Greater Mumbai Act, 1888.

Thus, the court granted liberty to the petitioner to add the Brihanmumbai Municipal Corporation (BMC) as a respondent to address the issue of de-concretisation in Mumbai.

The court posted the PIL for further hearing on August 1, 2023, during which the TMC and other respondents have to submit their progress reports.

Case no. – Public Interest Litigation No. 98 of 2023

Case Title – Rohit Manohar Joshi and Ors. v. Tree Authority Thane Municipal Corporation

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