Is Cutting Tree Punishable Offence? – Indian Judiciary – Free PDF Download

Is Cutting Tree Punishable Offence?

Which law regulates trees in India?

• In India, aspects related to trees are covered under the Indian Forest Act, 1927
• It is broadly under this Act that each state has laid down rules and regulations against tree felling.

Along with that various states have come up their own laws for the same purpose like-

• Maharashtra (Urban Areas) Preservation of Trees Act 1975
• Delhi Preservation of Trees Act (1994)
• Karnataka Preservation of Trees Act 1976
• West Bengal Trees (Protection and Conservation in Non-Forest Areas) Act, 2006
• Also, various cities like Gurugram, Chennai etc. come up with their own notifications regarding felling of trees.

Cutting OF RESERVED TREES and FORESTS.

• Under Indian Forest Act, 1927, Section 30- The State Government may, by notification in the Official Gazette,
• (a) declare any trees or class of trees in a protected forest to be reserved from a date fixed by, the notification;
• (b) declare that any portion of such forest specified in the notification shall be closed for such term, not exceeding thirty years, as the State Government thinks fit, and that the rights of private persons, if any, over such portion shall be suspended during such terms

Section 33 Indian Forest Act

• Penalties for acts in contravention of notification under section 30
• Any person who-
• fells any tree reserved under section 30, or strips off the bark or leaves from, or otherwise damages, any such tree;
• permits cattle to damage any such tree;
• shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees, or with both.
• Is it punishable to cut trees even at my own premises?
• Yes, according to Indian Forest Act, the penalty for cutting down a tree is Rs.10,000 or 3 months imprisonment.
• This punishment may extend up to one year under various state acts.
• But in some cases like where a tree is blocking your way, whose branches are spreading to your house or blocking hoardings, you need to take a clearance from the Forest department, before cutting that tree.

Procedure –

• You will write a request letter to Forest Authorities or Tree Authorities in your city seeking permission to cut down the tree
• There will be on site inspection to verify your request
• If granted, you may cut down  the tree.
• You are bound to plant such number and kind of trees in the area from which the tree is felled or disposed as the authority may require you to do so.

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