Legal Question in Environmental Law in India

i want to know that i had grown mogra n rat ki rani and many other plants since 10 years and my soceity people have cut down my plants an d now they are intending on cutting my orange tree. it has started giving fruits this year


Asked on 3/28/13, 2:16 am

3 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

28.03.2013

Dear Sir / Madam,

(Cantonment, Amdavad, Gujarat)

If you are living in a registered co-operative housing society, all the flora and fauna planted inside the Society compound and premises are the sole property of the Society. Although, by law cutting down of trees is prohibited, the law would apply if and only if each and every tree in the Society compound is registered with the local Municipality and numbered, which in your case seems unlikely.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 3/28/13, 5:28 am
Jayesh Desai Jayesh Desai

Land and anything which grows on it, belongs to the landlord. In your case Society is the Owner. Hence they can do so, as far as full grown trees is concerned, they cannot; you can complaint to local Municipality and they shall take appropriate action.

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Answered on 4/07/13, 6:38 am


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