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Tree Replantation Requirements

Procedure & Checklist

List of Documents for grant of Tree –Felling/Trimming/Re-plantation Permission:-

Application to the Tree Officer (Concerned SPA):- The applicant /plot holder shall make an application in prescribed format.(Format enclosed at Annexure I) available on Single Window and MIDC Website to the Tree Officer along with application fees of Rs.6000/- with following details ,

Details of Plot, showing exact location of trees (Proposed for fallen/Re-plant).

Approved plan, if any (proposed construction showing location of trees including excavation lines earthwork).

Affidavit under Sect.11 (2) Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975 ( Format enclosed at Annexure II).

Procedure for grant of Tree –Felling/Trimming/Re-plantation Permission :-

Scrutiny of Application :-

     With reference to online submission made by the applicant, Tree Officer shall scrutinise the application and raise the query if any, queries shall be complied by the applicant. Date of compliance of query will be treated as date of the receipt of the application.

Tree Officer shall personally inspect the tree, hold an inquiry and publish a notice in the local newspaper inviting objections if any from the public and then submit his report within a period of 12 days from the date of receipt of application.

Decision by the tree Authority and permission for Tree felling :-

     As per the section 8 (3) of Maharashtra (Urban Areas) Protection & Preservation of Tree Act, 1975 the Tree Authority shall give permission with or without condition or refuse within a period of 60 days from the date of the application. However MIDC decided that, Tree Authority shall issue the Tree felling permission within a period of 15 days from the receipt of application from the Tree officer. Such permission shall not be refused if, in the opinion of the Tree Authority, the tree is dead, diseased, wind fallen, poses a danger to life or property or obstructs traffic.

Deemed Permission :-

     If the Tree Officer fails to accord/reject tree felling permission within 60 days than it is presumed that deemed felling permission is given to the applicant.

Replanting Requirements :-

     Where permission to fell a tree is granted, as per the orders of Tree Authority MIDC, replanting requirements for plots with varying tree populations following norms has been finalized as below,

As per Clause 39 of DCR2009 MIDC. One tree for every 100 sqmt of plot shall be planted,

Plantation ratio for felling trees is 1:5 where the permission to fell a tree is granted, applicant shall plant 5 (five ) trees against one fallen tree.

Plantation ratio for Transplanted tree is 1:2 where the permission to Transplant a tree is granted, applicant shall plant 2(two ) trees against one Transplanted tree.

Security Deposit of Rs.10,000 per felling and transplanted tree .

         The applicant has to deposit Rs 10000/- per fallen tree .This amount will be refunded after three years. It shall be duty of the applicant or occupier of the land which is directed to plant to tree to see that tree grows properly and is well preserved and shall give report to tree officer once in six months about the condition of such tree or tress for the period of the three years.

         The applicant or occupier of any land fails to comply with any order made (under Section of 8, 9 or 10 of the Act, the Tree Authority or the Tree Officer, as the case may be) after giving a reasonable opportunity to such owner or occupier of being heard (forfeit the deposit, in full or in part to the Tree Authority) and without prejudice to any other action which may be taken against the defaulter under this act, take the necessary action and recover the expenditure incurred therefore from the owner or the occupier as the case may be.