The Bombay High Court has mandated the establishment of an ad hoc Tree Authority (TA) for the Ulhasnagar Municipal Corporation (UMC) to address a crucial issue involving the Mumbai Rail Vikas Corporation (MRVC).
The MRVC has sought judicial permission to fell 53 trees to facilitate the expansion of railway lines between Kalyan and Badlapur, a key project under the Mumbai Urban Transport Projects (MUTP). The court’s directive follows severe criticism of UMC’s failure to constitute a functional Tree Authority since 2018. This lack of action compelled MRVC to seek the court’s intervention to proceed with the tree felling required for laying third and fourth railway lines on a route currently served by only two tracks. The project, estimated at approximately ₹1,553.87 crore, is set to enhance regional rail connectivity and operational efficiency, with a completion deadline of December 2026.
During proceedings before Chief Justice DK Upadhyaya and Justice Amit Borkar, MRVC’s legal representative highlighted that, per a 2018 court order, no tree felling could occur until the Tree Authority was appointed. Despite this, the authority, mandated by the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975, remains non-operational. The authority’s composition includes the municipal commissioner as chairperson, along with 5 to 15 expert members. The absence of elected officials within the UMC further complicates the situation. Since 2020, the municipal commissioner has functioned as an administrator due to the lack of elected members, raising concerns about the commissioner’s role in fulfilling the expert requirements of the Tree Authority.
In response to the court’s inquiry about the delay in forming the Tree Authority, UMC’s advocate attributed the issue to the administrator’s inability to appoint expert members and the lack of elected representatives. The court expressed disapproval of the ongoing situation, emphasising that the municipal corporation should not remain without a functional Tree Authority. The court has instructed that an ad hoc Tree Authority be constituted to handle the MRVC’s request expeditiously until a permanent regulatory committee can be established with elected officials. This temporary measure aims to ensure that tree conservation issues are addressed promptly and effectively, balancing development needs with environmental concerns.
