Give account of trees cut,unutilised funds: court to BMC

The court was hearing a PIL challenging the procedure followed for cutting trees in Mumbai. Awaaz Foundation,an NGO,had alleged that the procedure for seeking permission to cut trees for redevelopment is faulty.

A division bench of Chief Justice Swatanter Kumar and Justice D Y Chandrachud asked the corporation why they have not utilised the funds running into crores for planting and maintenance of trees in the city.

BMC counsel K K Singhvi told the court that they have utilised the funds.

However,counsel for the petitioner,J P Cama,pointed out that out of the Rs 23 crore budget,the corporation has only utilised over Rs 3 crore and over Rs 19 crore is lying unutilised in the year 2008-09.

“The Tree Authority keeps money in hand and does nothing,” Cama said.

“Why are you not spending the money,” Chief Justice Kumar asked.

Justice Chandrachud asked if the corporation has a yearly census,to which it was replied that they have one every five years. The court also asked why they were not appointing new staff to fill the vacancies.

When petitioner alleged that builders were given sanction to cut trees even before approval from the Tree Authority,BMC denied it.

Singhvi contended builders are given permission only after approval from the Tree Authority.

Vijaykumar Dande,Superintendent of Garden,in his affidavit filed last year denied the allegations and revealed that the final count of trees is 19,17,844,consisting of 366 varieties excluding mangroves and forest land.

According to petitioner Sumaira Abdulali,the Tree Authority is always the last to know about trees that have been cut and do not follow proper procedure to cut trees.

It is the responsibility of the Tree Authority to maintain greenery in the urban areas. The Tree Cess collected as part of the property tax amounting to about Rs 100 crore has accumulated with the Authority and is not being used properly,it alleged.

The petition further contends that “there is a clear and direct nexus between the builders and the officials of the BMC and the Tree Authority.”