The Bombay High Court has taken cognizance of the issue of concretisation around the roots and bases of trees in Mumbai and Thane during a hearing on a public interest litigation (PIL) seeking de-concretisation. A division bench of Acting Chief Justice Nitin Jamdar and Justice Arif Doctor observed that the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975, which applies to the Brihanmumbai Municipal Corporation (BMC), imposes a duty on the civic body to care for the trees in the city. The court directed the petitioner to add the BMC as a respondent in the PIL.
The PIL, filed by Rohit Joshi, seeks the de-concretisation of trees in Thane District and the formulation of a disaster management plan with provisions for compensation and employment for the victims of incidents involving injuries or deaths caused by tree collapses in Thane. The National Green Tribunal had previously directed the de-concretisation of tree roots and bases for preservation. In response to this order, the Thane Municipal Corporation (TMC) formed a committee that suggested de-concretising a 3 x 3 feet space around trees and filling it with soil.
During the hearing, the TMC informed the court that they have identified 7,396 trees in Thane that require de-concretisation, and the process is expected to take 45 days. However, the petitioner argued that there are more trees in Thane requiring de-concretisation than the number provided by the corporation. The court instructed the TMC commissioner to collect data from all ward officers and submit a progress report.
The court emphasized the importance of careful de-concretisation to preserve the trees and directed the TMC to establish a helpline/email address for residents to report trees requiring de-concretisation. The court also mentioned that the de-concretisation work should be carried out to preserve the trees.
Additionally, the court asked the petitioner to include the BMC as a party in the case to address the de-concretisation issue in Mumbai. Recent incidents of deaths caused by tree falls in Mumbai have raised concerns. The court will monitor the progress of the de-concretisation work, and the TMC and other respondents have been given until August 1 to provide updates on the implementation of the National Green Tribunal's order and submit a progress report.
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