Bombay HC To Monitor De-Concretization of Trees in Thane, Directs Establishment of Helpline

The Bombay High Court has recently decided to monitor the de-concretization process of the tree roots and bases in Thane.

The Thane Municipal Corporation (TMC) has assured the court that the de-concretization work will be completed within a period of 45 days.

A division bench of Acting Chief Justice Nitin Jamdar and Justice Arif Doctor, was hearing a Public Interest Litigation (PIL) that sought the de-concretization of tree roots and bases in Thane District.

“Since the learned counsel for the Thane Municipal Corporation states that the work of de-concretization would be commenced immediately and would be completed within 45 days, we intend to monitor the same”, the bench stated.

The bench directed the TMC to establish and publicize a helpline number and email address for residents to report trees requiring de-concretization.

The PIL, filed by activist Rohit Joshi and others, also seeks a disaster management plan with provisions for compensation and employment for victims and their families in tree collapse incidents.

During the hearing, Advocate NR Bubna, representing the TMC, presented minutes of a meeting conducted by the Assistant Commissioner, stating that approximately 7,396 trees still require de-concretization.

The TMC informed the court that the process is ongoing and is expected to be completed within 45 days. However, Advocate Ronita Bhattacharya Bector, on behalf of the petitioner, argued that the number of trees needing de-concretization might be higher than what the TMC reported.

Referring to the Maharashtra Municipal Corporations Act, 1949, and the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975, the court observed that de-concretization of tree roots and bases falls under the purview of the Tree Authority. The Tree Authority is responsible for tree maintenance and conducting a census of existing trees. Currently, the Thane Municipal Commissioner oversees the work of the Tree Authority. The court noted that in 2017, the TMC Commissioner established a committee that recommended de-concretization and filling a 3-square-foot area around trees with soil, even on private properties, offices, and housing societies. The Public Works Department was entrusted with the responsibility of de-concretizing trees on TMC roads, offices, and buildings. In February 2016, the Commissioner issued directions regarding de-concretization of trees within the Thane Municipal Corporation.

The court also referred to a National Green Tribunal (NGT) order from July 2015, which called for the removal of concrete around trees in an application against the BMC. Despite these directions and statutory mandates, the court observed that the de-concretization work in Thane City remains incomplete, with a significant number of 7,396 trees requiring attention. Therefore, the court directed the TMC Commissioner to obtain reports from ward officers regarding the work needed in their respective wards and take action against any negligence of duty. Once the information is compiled, the Commissioner is expected to submit a progress report to the court.

While the PIL focuses on the TMC area, the court highlighted similar obligations imposed on the BMC under the 1975 Act and the Municipal Corporation of Greater Mumbai Act, 1888. Accordingly, the court granted the petitioner the liberty to include the Brihanmumbai Municipal Corporation (BMC) as a respondent to address the issue of de-concretization in Mumbai.

The bench scheduled the next hearing for the PIL on August 1, 2023, during which the TMC and other respondents are required to submit their progress reports.