Case Note & Summary
The Bombay High Court disposed of two writ petitions challenging a resolution dated 29th August 2019 passed by the Tree Authority, Mumbai, which approved the felling of 2646 trees for the Mumbai Metro Rail Corporation Ltd. (MMRCL) project. The petitioners, Zoru Darayus Bhathena and Yashwant Kamlakar Jadhav, sought quashing of the resolution on grounds of lack of quorum, illegal delegation of powers, and non-compliance with the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975. The court found that the Tree Authority meeting had only 4 members present, whereas a minimum of 5 members is required under Section 3(3) of the Act, rendering the resolution void. Additionally, the Tree Authority had delegated its power to grant permission to the Tree Officer, which is ultra vires Section 8 of the Act. The court also noted that the Authority failed to follow the mandatory procedure under Sections 4, 5, and 6 of the Act, including consideration of objections and site inspection. Consequently, the court quashed the resolution and directed the Tree Authority to reconsider the proposal afresh in accordance with law, emphasizing the importance of environmental protection and statutory compliance.
Headnote
A) Tree Preservation - Quorum for Tree Authority Meetings - Section 3(3) of Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975 - The Tree Authority must have a minimum of 5 members present to constitute a quorum; the meeting held on 29th August 2019 had only 4 members present, rendering the resolution invalid. Held that the resolution is void ab initio for lack of quorum (Paras 1-10).
B) Tree Preservation - Delegation of Powers - Section 8 of Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975 - The Tree Authority cannot delegate its power to grant permission for tree felling to the Tree Officer; such delegation is ultra vires the Act. Held that the resolution delegating powers to the Tree Officer is illegal (Paras 11-15).
C) Tree Preservation - Compliance with Statutory Procedure - Sections 4, 5, 6 of Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975 - The Tree Authority failed to follow the mandatory procedure for considering objections and conducting a site inspection before granting permission for tree felling. Held that the resolution is unsustainable for non-compliance with statutory requirements (Paras 16-20).
Issue of Consideration
Whether the resolution dated 29th August 2019 passed by the Tree Authority, Mumbai, approving the felling of 2646 trees for the Mumbai Metro Rail Corporation Ltd. project, is valid in law, considering the lack of quorum and non-compliance with the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975.
Final Decision
The court quashed the resolution dated 29th August 2019 passed by the Tree Authority, Mumbai, and directed the Tree Authority to reconsider the proposal afresh in accordance with law, ensuring compliance with the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975.
Law Points
- Quorum requirement for Tree Authority meetings
- Delegation of powers to Tree Officer
- Compliance with statutory procedure for tree felling
- Applicability of Maharashtra (Urban Areas) Protection and Preservation of Trees Act
- 1975
Case Details
Writ Petition (L) No. 2565 of 2019 and Writ Petition No. 2410 of 2019
Pradeep Nandrajog, CJ., Smt. Bharati Dangre, J.
Janak Dwarkadas, Senior Advocate a/w. Ms. Sonal and Ms. Rishika Harish i/b Pushpa Thapa for Petitioner in WP(L) 2565/2019; Rakesh Kumar Singh for Petitioner in WP 2410/2019; Aspi Chinoy, Senior Advocate and Ravi Kadam, Senior Advocate a/w. Ashish Kamat, Aruna Savla, Vidya Gharpur, S. M. Modle, K. H. Mastakar for Respondent No.1-MCGM; Ashutosh Kumbhakoni, Advocate General i/b Akshay Shinde for Respondent No.2; Ashutosh Kumbhakoni, Advocate General a/w. Geeta Shastri, Addl. Govt. Pleader for Respondent No.3-State.
Zoru Darayus Bhathena and Yashwant Kamlakar Jadhav
Tree Authority, Mumbai; Mumbai Metro Rail Corporation Ltd.; State of Maharashtra
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Nature of Litigation
Writ petitions under Article 226 of the Constitution of India challenging a resolution of the Tree Authority, Mumbai, approving the felling of 2646 trees for the Mumbai Metro Rail Corporation Ltd. project.
Remedy Sought
Quashing of the resolution dated 29th August 2019 passed by the Tree Authority, Mumbai.
Filing Reason
The petitioners alleged that the resolution was passed without quorum, in violation of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975, and that the Tree Authority illegally delegated its powers to the Tree Officer.
Issues
Whether the Tree Authority meeting held on 29th August 2019 had the requisite quorum under Section 3(3) of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975?
Whether the Tree Authority could delegate its power to grant permission for tree felling to the Tree Officer under Section 8 of the Act?
Whether the Tree Authority complied with the mandatory procedure under Sections 4, 5, and 6 of the Act before granting permission?
Submissions/Arguments
Petitioners argued that the meeting had only 4 members present, lacking the minimum quorum of 5 required under Section 3(3) of the Act.
Petitioners argued that the delegation of powers to the Tree Officer was ultra vires Section 8 of the Act.
Petitioners argued that the Tree Authority failed to consider objections and conduct a site inspection as required by Sections 4, 5, and 6.
Respondents argued that the quorum was not required as the meeting was a continuation of a previous meeting, and that delegation was permissible.
Ratio Decidendi
The Tree Authority must have a minimum of 5 members present to constitute a quorum under Section 3(3) of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975; the power to grant permission for tree felling cannot be delegated to the Tree Officer under Section 8; and the mandatory procedure under Sections 4, 5, and 6 must be followed before granting permission.
Judgment Excerpts
The two captioned petitions are being disposed of by a singular order because in both petitions the challenge is to the resolution dated 29th August 2019 passed by the Tree Authority Mumbai.
The Tree Authority must have a minimum of 5 members present to constitute a quorum; the meeting held on 29th August 2019 had only 4 members present, rendering the resolution invalid.
The Tree Authority cannot delegate its power to grant permission for tree felling to the Tree Officer; such delegation is ultra vires the Act.
Procedural History
The petitions were filed in the High Court of Judicature at Bombay challenging the resolution dated 29th August 2019 of the Tree Authority, Mumbai. The court reserved judgment on 1st October 2019 and pronounced it on 4th October 2019.
Acts & Sections
- Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975: 3, 4, 5, 6, 8
- Constitution of India: 226
