On September 6, 2024, the Maharashtra government promulgated the Maharashtra Felling of Trees (Regulation) (Amendment) Ordinance, 2024. This legislative move comes at a critical time when urban development often conflicts with environmental conservation.
Necessity of the Ordinance:
As urban areas continue to expand, the need for effective regulations on tree felling becomes more pressing. The Maharashtra government recognized this urgency, especially in light of increasing instances of illegal tree cutting that threaten the ecological balance. By enacting this ordinance, the government aims to bolster the existing laws governing tree felling, ensuring that our natural resources are protected.
Key Changes in the Ordinance
1. Clarified Definitions
One of the significant amendments made in Section 2 of the Maharashtra Felling of Trees (Regulation) Act, 1964, is the clarification of key terms:
- Definition of “to fell a tree”: The ordinance expands this definition to include various actions that could lead to a tree’s death or destruction, such as burning, cutting, lopping, girdling, and debarking. This comprehensive definition aims to close loopholes that might allow harmful practices to go unpunished.
- Definition of “urban area”: The amendment also provides a clearer definition of what constitutes an urban area, referencing municipal corporations and other designated areas. This clarity will help in identifying where the regulations apply, ensuring that urbanization does not come at the expense of green cover.
2. Increased Penalties
Another significant change is in Section 4 of the principal Act, which now imposes a standardized penalty for violations. Previously, penalties could vary, leading to inconsistencies in enforcement. The new provision states:
- Standardized Penalty: Offenders found guilty of illegal tree felling will now face a penalty of ₹50,000. This increase in the penalty serves as a deterrent against illegal activities that harm our forests and urban greenery.
- Enforcement Mechanism: The Tree Officer, empowered under Section 3, will be responsible for enforcing this penalty. This includes conducting inquiries and providing the accused an opportunity to present their case. This procedural fairness ensures that enforcement is transparent and just.
Implications for Citizens and Developers
The ordinance is poised to have significant implications for both citizens and developers:
- For Citizens: Individuals will need to be more aware of their responsibilities regarding trees in urban areas. Any action that could harm trees, including gardening practices, will need to be considered carefully to avoid penalties.
- For Developers: Builders and developers will have to adopt more sustainable practices in their projects. With clearer definitions and stringent penalties, obtaining necessary permissions for land development will be critical. This may involve working closely with local authorities to ensure compliance with tree protection laws.
The Maharashtra Felling of Trees (Regulation) (Amendment) Ordinance, 2024, represents a significant step toward stronger environmental protections in the state. By clarifying definitions and increasing penalties, the government aims to deter illegal tree felling and promote sustainable practices in urban development.
