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It is mandatory to Transplant every Tree Proposed to be removed

Subject: Strict implementation of section 7(e) of The Trees Act, 1975, which
mandates that every felled tree must and shall be transplanted by Tree
Authority.

Having a plain reading of section 7 (e) of The Maharashtra (Urban Areas)
Protection & Preservation of Trees Act, 1975, read with Preamble of the Act, it can safely be said that every Tree removed has to be transplanted.

Section 8(5) prescribes that where a Tree Authority grant permission for feeling of a Tree on an Application so received, the Applicant shall Plant another Tree and or abide by other provisions as stated in the Act. That been the case, the Tree Authority is not in anyway absolved of its responsibility of transplanting the felled Tree.

The language of Section 7 (e) is pretty clear that Tree Authority shall ensure transplanting of every felled tree and this duty has nothing to do with the Applicant planting another Tree in lieu of felled Tree. [Section 7(e)- Notwithstanding anything contained in the relevant Act or in any other law for the time being in force, and subject to any special or general directions given by the State Govt, the Tree Authority SHALL be responsible for- transplanting of Trees necessitated by construction of new roads or widening of existing roads or for safeguarding danger to life or property.]

Sir, As everyone says that we live in a Rule of Law society. What we really mean by Rule of Law is that the Law which is established must be observed in all the circumstances except in cases where the Law itself is absurd and or arbitrary.

Thanking You,

Sandeep Jalan

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Thank you.

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