Felling of trees

Presented by- Dr. Sachin Khallal Dy. Collector (pro)

Legal Framework

• Maharashtra land revenue code, 1966• Maharashtra felling of trees (regulation) act,

1964• Maharashtra (Urban Areas) Protection and

Preservation) of Tress Act, 1975

Maharashtra felling of trees (regulation) act, 1964

• No person shall fell any tree or cause such tree to be felled in any land, whether of his ownership or otherwise, except with the previous permission in writing of a Tree Officer duly empowered by the State Government in that behalf .

Maharashtra (Urban Areas) Protection and Preservation) of Tress Act, 1975

Every urban local body shall constitute a ‘Tree Authority’

Eg. Commissioner is chairman tree authority at municipal corporation.

MLRC

• Section 25 (1)

Right to trees in holdings. With effect from the commencement of this Code,

the right to all trees standing or growing on any occupied land shall vest in the holder thereof but if the State Government is of opinion that it is necessary to prohibit or regulate the cutting of certain trees for preventing erosion of soil, it may by rules prohibit or regulate the cutting of such trees.

MLRC

• Section 25 (2) Nothing in sub-section (1) shall affect in any

area any right in trees in the holding of an occupant in favor of any person existing on the 1st day of October 1955, but the occupant may apply to the Collector to fix the value of such right and purchase the right through the Collector in such manner as may be prescribed.

(M.P. Land Revenue Code)

MLRC

Section 25 (3) Any sale or agreement for sale of trees, made

by any person before the commencement of this Code in anticipation of the vesting such trees in him by virtue of the provisions of this section shall be void, and any consideration given for such sale or agreement shall be refunded.

MLRC

• Section 26• Trees and forests vesting in Government. • The right to all trees, brushwood, jungle or other

product growing on land set apart for forest reserves under section 22, vests in the State Government and shall be preserved or disposed of in such manner as the State Government may from time to time prescribe, by rules made in this behalf.

MLRC

• Section 27.

Recovery of value of trees. • Any person who shall unauthorizedly fell and

appropriate any tree or any portion thereof which is the property of the Government shall be liable to the Government for the value thereof, which shall be recoverable from him as an arrear of land revenue.

MLRC

Section 28(1)(2) Regulation of cutting and supply of wood, etc. Where trees are standing in any reserved

forest, the villagers in general may take firewood, and such wood as may be required for agricultural implements, without payment of any tax but subject to rules made by the State Government.

MLRC

• Maharashtra Land Revenue (Regulation of Rights to Trees etc.) Rules, 1967,

made under section 25 of MLRC• Deals with - trees near water bodies - trees on unculturable land• Penalty- Upto 1000 Rs

Trees near water bodies

Tress on uncultivable land

PERMISSION

• Permission to cut a tree is granted when

• 1) the trees or parts thereof are likely to cause any harm or damage to life or property

• 2) the dead or dying trees

3) getting a set back by the shade of such trees on culturable land

Procedure

• An application to that effect to the Collector specifying the number and species of trees, and the name of person in whom right in the trees vests. accompanied by a copy of field book pertaining to the holding or which purports to show the existing rights in the trees.

• T he Collector has to give notice to all persons calling upon the person interested to lodge their objections if any.

• On the day fixed for the hearing the Collector has to examine the parties and hear any evidence that may be produced and record an order specifying therein:-

• (i) the number and description of trees;• (ii) the value of the rights; and• (iii) the period, which shall not be less than 30 days,

within which the value so fixed shall be paid

If the occupant pays the amount as ordered by

the Collector and produces a receipt of such payment, the Collector has to send a copy of the order regarding purchase of right of trees by the occupant to the Talathi for making necessary entries in the land records.

Revenue- Forest per

mission

refusal

Copy to forest officers

THANK YOU!