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Showing posts from July 30, 2009

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