Nagpur: The state’s latest amendments in the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975, have brought cheers to environmentalists who feel that the new changes will help in conserving green cover and curb illegal tree felling.
However, those in the construction and infrastructural development sector have raised concerns over various projects that are likely to be affected.
National Highways Authority of India (NHAI) officials stated that there was still no clarity on certain issues.
With the amendments, the state has decided to accord ‘heritage’ status to more than 50-year-old trees.
In case they have to be felled, then the number of saplings to be planted would correspond to the age of the tree.
“Declaring trees as heritage is a move which has missed its deadline.
Nevertheless, at least it has now got its rightful respect,” said environment activist Jaydeep Das.
The new rules further state that for compensatory plantations, the number of trees that need to be planted should be equal to estimated age of the tree that is to be felled.
Moreover, the plantations should be of at least six-to-eight feet in height and their survival has to be maintained for seven years along with geo-tagging.
On this, Das said, “Thankfully, no one will now boast of planting 2-3 feet saplings in lieu of felling a 100-year-old tree as an achievement.
Same rule is applied even for translocation,” he said.
Welcoming the amendments, activist Anasuya Kale Chhabrani said, “The maintenance of compensatory plantations should be under stricter control.
There should be stricter punishment when they die beyond a ratio.
Normally, survival rate of compensatory plantations would get forgotten after they were planted.
It would just be done for the sake of statuary requirement.” The amendments will now be tabled in front of the legislative assembly for its approval, informed lawyer and activist Ankita Shah.
“Amendments are undoubtedly good but the question is about its serious implementation.
Also, who will do vigilance of the plantations?” she said.
Founder of NGO Green Vigil Kaustav Chatterjee raised similar concerns.
“The amendments are revolutionary and are highly appreciated, but they will be very difficult to implement.
As it is compensatory plantation at ratio 1:5 is not being implemented, hardly anyone is coming back to the civic body to get back deposited amount against tree felling.
Thus, expecting that common man will follow 1:50 ratio for a 50-year-old tree is highly optimistic.
Area availability will also be challenge,” he said.
On a positive note, Chatterjee added that the responsibility of Tree Authority has been redefined as along with giving permission for felling of trees, it now extends to ensuring plantation, survival and ensuring 33% plantation in urban areas.
Those in the real estate sector have their apprehensions too.
“Any move by the government to improve the forest cover and conservation of old trees is a welcome step, however, we need to understand that the norms shouldn’t be too complex to follow.
Likewise, it should not delay the procedure, as with such lengthy requirements, chances of increment in delay and corruption cannot be ruled out,” said Tejinder Singh Renu, secretary of the Vidarbha Taxpayers’ Association (VTA).
On whether the new rules will affect the proposed Inter-modal Station (IMS) at Ajni, NHAI project director Abhijeet Jichkar said, “Any amendments will come into retrospective effect from the date of gazette notification, which is not issued yet.
Secondly, we have applied for tree felling with the NMC much before the state cabinet took a decision on Thursday.” Another project director NL Yeotkar also said that things are not clear yet.
“I don’t think there will be a huge impact as NHAI mostly works outside urban limits.
Yet, we are taking up transplantation and Miyawaki plantations wherever necessary, as proposed in the amendment.” A NHAI project director from the region, who did not want to be named, said, “While widening highways there are huge trees like neem, pipal, and banyan on the roadside.
If these species of trees come under the jurisdiction of any municipal council and are declared as heritage trees, then road widening will be affected.” The official further pointed out, “Felling over 200 trees of 5 years age for road widening projects will now need an MSTA nod.
If MSTA allows, local authorities will have the power to reconsider the decision.
This will unnecessarily delay the projects.” Gaurav Aggarwala, secretary of Confederation of Real Estate Developers of India, Nagpur unit, said, “The decision to plant new saplings equal to the age of the tree is a great idea.
This will help in betterment of the environment as on an average around 20-25% new saplings survive and become trees in the future.” HOW CHANGES WILL AFFECT…
1.
IMS at Ajni Norm | For felling of more than 200 trees of age 5 years or more, case to be referred to Maharashtra State Tree Authority – In Ajni, over 4,000 trees are proposed to be felled for construction of IMS phase-1 Norm | Project should not be sub-divided into smaller parts to keep number of trees below the defined threshold – Internal presentation of NHAI reveals project to be carried out in 4 phases.
It has not been made public yet.
Activists say over 40,000 trees will be cut Norm | Alternate project design should be considered to ensure minimum felling of trees – Activists say alternate sites like Khapri were not explored Norm | A tree with an estimated age of 50 years or more to be declared as heritage tree – Most of the trees at Ajni are decades-old, were planted by the British 2.
NHAI projects Norm | Number for compensatory plantation decided on basis of age of tree to be felled – There are huge age-old trees like neem, pipal, and banyan on the roadside that are to be felled for road widening Norm | If Tree Authortity allows, local authorities will have the power to reconsider nod for tree felling – Work might be delayed