File case agaisnt society and local corpatorfor permanent injunction to restrain them from uprooting the trees and restrict from Parking the vehicles in the park area.
Society Club & Municipal Rights
Dear Sirs We are residents of a colony in Hyderabad and we had an abandoned park few houses next to us. The park is adjacent to our society's club and Club has been using the park for parking as and when needed. Whenever the club had an event the Drivers of the club members drivers hang out at the park and create nuisancce until late hours. Few Neighbours repeatedly complained to GHMC but their action was only temporary. After repeated complaints and since complaining was not helping we adopted the park and started growing tress. A secretary of the society has ordered a few daily wage labourers to uproot the plants we planted and cleared the way for parking. When our neighbours questioned they claimed that the local Corporator has granted them permission for clearing the trees. Please guide us on appropriate legal procedure for this situation. Thanking in anticipation.
Asked 5 years ago in Civil Law
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12 Answers
They can't do such illegal activities of tree felling. Complaint to tree authority and corporation for the same they will take stringent action
Permission from muncipal corporation is necessary for cutting the trees
ask the society to produce written permission obtained from muncipal corporation
File RTI application as to whether any permission ha sheen granted
First determine which body owns the park. If it's the local Municipality then only through a official tender can allow a vacant space to be used as parking space.
However a park can not be used in this way.
So file a writ petition against the Municipality auditing the private individuals as parties to the proceeding si the high court directs the local authority to take its control and let it use as park only.
Raise the issue of uprooting of saplings as well.
Immediately approach Social Forestry Department, Government of Hyderabad. also take help of Sindh Forest, Social Forestry Circle working for such environmental issues.
You can also approach Hon'ble High Court with appropriate Writ Petition directing the Municipal authorities to estoppe such activities of environmental destruction.
Apart from this your society secretary should lodge a criminal complaint against those Drivers of the Club who create public nuisance and disrupt the public tranquility by such activities.
Just request the police to maintain law and order and if still drivers dont cooperate than request them to proceed as per Sec 133 Cr. P.C.
You need to make society bye laws according and prepare terms and conditions. If you want to prepare terms and conditions rule to be passed in the AGM.
I will prepare byelaws for as per society terms and conditions.
The local corporator is not the authority to uproot or remove the plants you have planted there.
However, since this is a public place you also do not have any authority to plant trees or saplings on your own without obtaining permission from the corporation authorities.
The usage of park area for parking purposes is temporary and it is the duty of the corporation authorities to restrict the misuse of the park by outsiders.
If there is a nuisance and it is intolerable and the corporation authorities are not taking effective action despite a written complaint by all those affected residents in this regard, all of you can approach high court with a writ petition against the corporation authorities seeking direction for permanent relief on this.
No one has any permission to take law into their own hands and do whatever they feel like in the name of welfare of others.
trees can be cut only if it causes a threat to life or property and it can be done only after getting permission from the District Forest Officer. In cases where permission is not taken, penalties can be imposed depending upon the value of the tree, which is based on its age.
Dear Sir/Madam,
You are suggested to go against the said corporator and his associate who claims to have grown the trees. Do file the police complaint as well as complaint to Municipal society. If the things not solved, you may approach High Court by way of writ petition.
All society members or few should immediately lodge a complaint with the police.
File an application to the municipal corporation higher officials
