• Is cutting tree branches inside my apartment a crime

Dear sir,
Iam a president of Revanth Mansion Assosiation of Revanth Mansion Apartment. 0n 11/05/2014 , we have instructed to cut a Branches of tree inside of our apartment , since it was growing 45 deg angle and coming inside the flats and children are getting hurted while inside the trees.During cutting Our opp  shop owner has given to Police station and police has come to the place and taken to police station to me and booked a petty case against me for cutting tree branch and taken fine from me , which are inside the apartment. I require a clarification that , wheather cutting a tree branch of a tree inside our Apartment is a criminal offence . Kindly give your reply for me to proceeding further
Asked 2 years ago in Criminal Law from Bangalore, Karnataka
Yes, cutting of tree is without clearance of Forest Department or Municipal Anchorites is not permissible if that is situated in public places. For private areas no such permission is required.
 However it appears the Police has given some other charges may be of causing mischief or nuisance in public area. Mnetion the charge for further advice.
Nothing to worry, I believe it is a bailable charge and if it is so take bail and rest assured.
Nothing will happen.
I wonder why the Shop owner lodged complaint against you.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
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No counter case lies against the police. They are discharging public duty which may be wrong sometimes.
You can rather go to high court to quash the case if lodged against you.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
You can file civil suit for damages against the shop-owner for lodging malicious complaint against you.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
Agree with expert
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
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You have not mentioned what kind of petty charge had been levelled  against you by the police, though it seems to appear from your words that minor charges were brought against you for which they have imposed fine against you, however slap defamation charge against that shop owner who had nothing to do with this cutting of tree branches inside your apartment, you can claim compensation from him for mental harassment, lowering your status in society from court.
Soumya Kundu
Advocate, Kolkata
87 Answers
0 Consultations
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1. For felling trees or even for cutting branches of trees located in  your private area, you shall have to take permission from the local Municipality since it affects environment. It is not applicable for trimming plants, bushes or shrubs,

2.  While cutting the branches next time, obtain permission from the local municipality after filing an application siting reasons for such cutting of Branches.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Yes, you can file suit.
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
1. You are right, it can not be termed as a public nuisance since the act has been committed inside your apartment,

2. You can file a suit against him.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0

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