Cutting of a tree - misinterpretation by BMC
My dad had given an application for trimming the branches of the tree as the tree was dead and the branches were rotting. We felt it was dead and so we left it for BMC to decide about the action to be taken. My dad got an approval for trimming the branches. One fine day the tree cutters turned up, when my dad was unavailable and took the sign of my brother on the order for acknowledgement of the application. My brother left after signing and no one was present from my family. When we returned we saw that that had cut the entire tree from 2 feet above the ground level. We did not react to it as it was the call taken by BMC.
Now, my dad has received a notice saying that a legal action will be taken against him as he cut down the entire tree when only an approval was given for cutting of the branches. We have no idea how to react to such a thing.
Asked in Civil Law from Mumbai, Maharashtra
I don't know if its a civil law or constitutional law, so kindly help.
Asked 2 years ago
1. This is absurdity at its best.
2. Your brother should have obtained an acknowledgment against the consent he gave in the absence of your father.
3. You cannot be penalized for the fault of BMC. Your father should reply to the notice through a lawyer to be legally safe.
1) the penalty for chopping includes a minimum fine of Rs 1,000 and maximum of Rs 5,000 with imprisonment from a week to a year. Tree cutting is a non cognizable offence. It becomes cognizable only after obtaining permission from Metropolitan Magistrate Court u/s 155 (2). This application for registering a FIR can be made by the Tree Officer/ Police Officer/ any individual citizen.
2) you should reply to the notice and offer to plant 3 trees in place of tree chopped
3) mention that you had only requested tree cutters to prune branches as per permission received but they had on their own accord chopped the tree
4) that the tree cutters were not employed by you but had been dispatched by BMC for pruning of branches
Hi, as per law you are allowed to cut the only branches of the tree but unfortunately they have cut the entire tree so it it better lodge a police complaint against the persons who come to your home for cutting the tree and there after reply the legal notice stating the facts so that you can avoid the legal action.
The people engaged for cutting the tree were the staff of Municipality appointed contractor or the people whom you have privately engaged?
If they form the team of the contractor, you may turn the fingers on them by giving an explanation that you were not available but they should have taken care of the guidance given by authorities. If the team was your privately engaged people, you may have to pay the penalty imposed by the authorities. You may arrive at a compromise by tendering apology for being not available on the spot at that time.
send a reply of this notice with real facts with the help of the lawyer and do the need ful with the advise of the lawyer
Advocate, New Delhi
Did u obtain a copy where on ur brother signed? Who were the persons who came to cut off the tree?
Since ur father did not employ anybody to cut the branches then ur father need not worry. On the fixed date, ask ur father to appear before them and submit evidence as regards the incident and that he is not liable for cutting off the tree.
A complaint can be filed againdt the BMC as well before the police.