Section 8   [ View Judgements ]

RESTRICTIONS ON FELLING OF TREES


(1) On and after the date on which this Act is brought into force in any urban area, notwithstanding any custom, usage, contract, or law for the time being in force, no person shall fell any tree or cause any tree to be felled in any land, whether of his ownership or otherwise, situated within that urban area, except with the previous permission of the Tree officer.

(2)If any person including an officer of the urban local authority or an officer of the State Government or the Central Government, proposes] to fell a tree, he shall apply in writing to the tree Authority] for permission in that behalf. The application shall be accompanied by the description of the tree and I a site plan, indicating the position of the tree required to be felled and the reason therefor.

(3) (a) On receipt of such application, the Tree Authority shall cause the Tree Officer to personally inspect the tree and hold enquiry and submit a report to the Tree Authority within a period of thirty days from the date of receipt of such application. Adequate public notice shall be given by the Tree Officer by advertising in local newspapers as well as by affixing a notice on a conspicuous part of the tree that is required to be fell. Thereafter, the Tree Authority may give permission with or without conditions or refuse it, within a period of sixty days from the date of receipt of the application. However, no tree shall be fell until fifteen days after such permission is given

Provided that, no such permission shall be refused if, in the opinion of the Tree Authority, the tree is dead, or diseased or wind fallen, or it constitutes a danger to life or property, or obstructs traffic; and if any objection is received against such permission, the matter shall be placed before the Tree Authority for reconsideration, and a decision shall be taken within two weeks after giving a. hearing to the person who has raised the objection.

(b) A report of permissions granted by the Tree Authority for felling trees shall be submitted at lea once in six months to the concerned urban local authority in whose jurisdiction the Tree Authority is functioning.;

(4) If the Tree Authority fails to inform the applicant of its decision within sixty days, from the date of the receipt of the application by it, or if the receipt of the application has been acknowledged by it within this period, from the date of acknowledgement, of the receipt of the application, the permission applied for shall .be deemed to have been granted.]

(5) Where permission to fell a tree is granted, the Tree Authority] may grant it subject to the condition that the applicant shall plant another tree of the same or other suitable species, on the same site or other suitable local species within thirty days from the date the tree is felled, or such extended time as the Tree Authority] may allow in this behalf.

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