Legal Question in Environmental Law in India

Neighbout obtructing to non intrusive tree

Our new neighbor has raised concerns that leaves from our mango/coconut tree are falling into his compound. There is also the periodic issue - once in 2 months of coconuts harvest. In question is 3 coconut trees and one mango tree. There is no risk of material loss for the area affected is open ground in a 12 cent enclosure.

He wants the trees cut, and we are a bit emotional about it, given the fact that in cities live ours if we enforce such silliness in chopping trees, its going to be barren concrete only! Given then situation what is the legal options available for us to protect the trees?

If we apply the same yardstick to other neighbors, we shall go ahead and cut 12 coconut trees, 3 mango trees, close to a dozen banana plants and 2 jack fruit trees. Resulting in no trees any more in our house hold which would mean raw barren house in a once green household.

Asked on 6/26/08, 11:05 pm

2 Answers from Attorneys

G. M. Gupta gmguptaandassociates
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Re: Neighbout obtructing to non intrusive tree

tree cutting is a punishable offence and good news for u is that u can take police help.

u SHOULD NOT CUT THE TREE

trees are life and let such stupid people scream .. save trees and i will help you if u need it

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Answered on 6/27/08, 4:13 am
Mahesh Gupta Medico-legal Advocates and Consultants
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Re: Neighbout obtructing to non intrusive tree

Ref: Given then situation what is the legal options available for us to protect the trees?

Best legal option—Write to the local municipality for permission to cut the trees. Keep proof of delivering the letter to them. Then forget about it. If no reply comes, you are safe. If reply comes, they would refuse because cutting trees is illegal. You can show the letter to your neighbours, saying your hands are tied.

M C Gupta

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Answered on 6/27/08, 12:31 pm

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