Tree authority valid, civil society members not a must, says BMC

MUMBAI: Contending that inclusion of civil society members on the tree authority is not mandatory, the Brihanmumbai Municipal Corporation (BMC) on Monday claimed before the Bombay high court that its tree authority, comprising only 13 elected members, was validly constituted.

“There is nothing negative contained in the Act (The Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975) to indicate that a tree authority cannot function without incorporating nominated members (from the civil society),” said senior advocate Anil Sakhare, who represented the civic body.

Sakhare was responding to a plea filed by city activist Zoru Bhathena.

The senior advocate told the court that this tree authority, comprising only elected councillors then, as provided under Section 3(1), nominates civil society experts . He argued that the use of the term “may” in section 3(1) made it abundantly clear that nomination of civil society members to the tree authority was not mandatory. He said that therefore, tree authority without such members cannot be termed as illegal.

Bhathena had questioned the legality of the BMC’S tree authority on the ground that a tree authority cannot function without civil society members.

THE BMC WAS RESPONDING TO A PLEA THAT HAD QUESTIONED THE LEGALITY OF THE TREE AUTHORITY