Introduction
The present Public Interest Litigation has been instituted for the effective implementation of the provisions of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975. In exercise of the powers conferred by the Act, the State Government has framed the Maharashtra (Urban Areas) Protection and Preservation of Trees Rules, 2009.
The city of Pune covers an area of 243.48 square kilometers. The city has expanded in the last several decades by leaps and bounds resulting in a reduction in the green cover. As the population has expanded, unregulated development has resulted in a rapid deterioration of green areas in the city. The Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975 (`the Act’) provides for the establishment of a Tree Authority in Section 3. The Tree Authority is to consist of a Chairperson who is to be the Commissioner of the Municipal Corporation and not less than five and not more than fifteen persons from amongst members of the Urban Local Authority. Sub-section 3 of Section 3 provides for the nomination of representatives of civil society organizations with a special knowledge or expertise in the planning and preservation of trees.
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