BBMP Informs Karnataka High Court Of SOP To Be Followed For Felling Of Dangerous Trees
Bruhat Bengaluru Mahanagara Palike (BBMP) has adopted a Standard Operating Procedure (SOP) guidelines/parameters to be followed by Tree Officers/Deputy Conservator of Forest, BBMP, for felling of dangerous trees.A single-judge bench of Justice Suraj Govindaraj was informed by the corporation that such a procedure would be followed henceforth. The bench recorded the submission and said...
Bruhat Bengaluru Mahanagara Palike (BBMP) has adopted a Standard Operating Procedure (SOP) guidelines/parameters to be followed by Tree Officers/Deputy Conservator of Forest, BBMP, for felling of dangerous trees.
A single-judge bench of Justice Suraj Govindaraj was informed by the corporation that such a procedure would be followed henceforth. The bench recorded the submission and said “This court has not expressed any opinion on the validity or otherwise of the above SOP.”
The directions were given while hearing a petition filed by Dr V L Nandish who had approached the court stating that a tree in his neighbour's compound had started leaning onto his property even after making several requests to neighbouring property owners to remove the said tree to address the threat posed by the tree to the life and liberty of the petitioner had failed.
The petitioner had then approached the Corporation authorities to do the needful, despite which no action was taken.
On notice being issued the corporation initially contended that permission for removal of a tree can only be granted to the owner of the land on which the tree is located and cannot be granted to a neighbouring owner.
To this, the court had observed, “If the said land owner was not interested in taking any steps on account of falling of the tree not affecting that landowner but affecting the neighbouring landowner, the interest of neighbouring owner would also have to be taken into consideration by considering the application after inspecting and examining the tree.”
The corporation sought time for inspection of the tree and thereafter submitted that necessary permission would be granted. It was submitted that at the request of the petitioner, the corporation removed the tree and recovered the cost from the landowner where the tree was growing.
Disposing of the petition the court said, “SOP having been placed on record and the dangerous tree, subject matter of the above petition having already been removed, there would be no further orders required to be passed.”
Appearance: Advocate Anandita Srinivasan for Petitioner.
Advocate N.K. Ramesh for R1 TO R3.
Citation No. 2023 LiveLaw (Kar) 471
Case Title: Dr V L Nandish AND The Commissioner Bruhat Bengaluru Mahanagara Palike
Case No: WRIT PETITION NO. 17877 OF 2023