Mumbai: It is the responsibility of BMC’s tree authority to ensure big trees are standing, said the Bombay High Court as it expressed satisfaction that 10 trees on a plot at Shivaji Nagar, Govandi, are freed from concrete that was placed around them.
Chief Justice Alok Aradhe and Justice Bharati Dangre on Wednesday took note of photographs submitted by BMC “which clearly depict the trees are no longer surrounded by concrete and therefore, they can now breathe and absorb nutrients from the surrounding areas.”
The petition was filed by former Samajwadi Party corporator Irfan Khan regarding illegal concretisation around the trunk of 11 trees by an education trust – Shree Chhatrapati Shivaji Shikshan Sanstha – thereby choking trees and obstructing water percolation. He said two trees are on the verge of dying. In May 2024, BMC told the HC the issue of choking of trees will be addressed on a war footing and informed that the two trees have already died.
The HC directed BMC to rectify the damage caused due to concretisation around the trees and to check the possibility of survival of the two trees.
Senior advocate Anil Singh, for BMC, submitted an affidavit of the deputy superintendent of garden (zone V). It stated that the concrete was removed manually without involving machines. Regarding the two trees, it stated that one “has been recovered and is exhibiting new growth and healthy shoots emerging profusely…. However, tree no.11 could not be revived.”
In the order dictated by Justice Dangre , the judges said there can be no doubt that the tree authority and tree officer of BMC are “responsible for maintaining trees that are sufficiently old and to prevent their deterioration particularly when they are choked by elements like concrete etc.” “The tree authority…must ensure that all care is taken to keep the big trees standing as they are responsible for ensuring a clean environment, instead of making them suffocate and die,” they added.
While Khan’s advocate opposed the disposal of the petition, the judges noted that since BMC “has today abided by our direction, it must continue to discharge its duty by ensuring that the trees are not choked and they continue to grow with nutrients and water being made available to them on a regular basis.”
They permitted Khan to inspect the trees and, if he notices any neglect by the authorities, he shall write to the tree authority. Singh assured HC that “the grievance shall be immediately taken care of.”
