Citizen Direct at India Together: Bangalore govt stays tree felling

27 April 2005

Faced with citizen protests, the Commissioner of the Bangalore Mahanagara Palike Jyothirmalingam withdrew an earlier order to cut down trees in the city for traffic management purposes. There is one section in the Karnataka Municipal Corporation Act (KMC Act) empowering a municipal commissioner to fell trees if only they are likely to fall, so they do not hurt anyone or damage property. This section was exploited by the Chief Horticultural Officer of the BMP, who with the consent of the Commissioner, went about felling tens of trees.

Over the past two weeks, over 70 trees were cut down. In the absence of widespread protests, it is likely that several hundreds trees in the city might have been cut. Students, workers, homemakers, children and tens of representatives from a wide variety of organisations protested last week across Bangalore, even as the tree felling continued. When approached, the state government�s forest department categorically stated that the felling was illegal, as they had not accorded permission under the Karnataka Tree Protection Act. Another matter that came to light from the forest department was that the Commissioner of BMP had unilaterally withdrawn in December 2004 all applications that BMP had made to the Forest Department seeking felling permissions for avenue trees.

In a list prepared by the Technical Advisor of BMP, based on requests made by the traffic police, in November 2004, 700 trees were selected for removal on prominent avenues across Bangalore. Along Sampige Road, the pride of Malleswaram, 38 trees were to be felled; 58 trees along Bull Temple Road; almost all of the trees in Gandhibazaar; 35 trees on Dr. Rajkumar Road in Rajajinagar. In effect every one of about 50 streets identified had all its trees marked for felling. And all of this was being done under Section 323 of the KMC Act, claiming the trees were dangerous, and thus had to be felled.

Citizens on the other hand knew that almost all these trees were a healthy and wonderful representation of the living heritage of Bangalore. BMP officials were not willing to answer protesting citizens who climbed trees being felled. Because BMP contractors swung into action in the late hours of the night, almost all trees on M. G. Road are gone, but not the one tree which is actually dangerous, opp. Vijaya Bank, which is a dead tree, and for which the Tree Officer of the Forest Dept, has actually accorded felling permission in the interest of safety about a year ago.

Frustrated by lack of response by appeals to the city mayor and commissioner, about 100 representatives of many groups in the city gathered on 19 April at the BMP headquarters to demand an explanation from the commissioner. The commissioner was initially reluctant to meet; then, consented to meet a delegation. When told he meets all or meets none, he relented and let everyone into the BMP�s committee room. Meanwhile, outside, over 50 children of the Born Free Arts School danced and drummed in support.

Angry questions were thrown at Jyothiramalingam. The commissioner was at a loss to explain how he defined 700 trees as dangerous. Why did he not consult the public? Did he consult experts? Why did he not wait for the enquiry initiated by the Principal Secretary of the Dept of Forests, Ecology and Environment to be completed? Was this a message to all citizens, that they henceforth need not seek the forest department�s permission, in contravention of the Tree Act, and go about cutting trees at will? Would this unprecedented step not be a precedent across the state for every commissioner to abuse emergency provision for felling trees?

The commissioner protested at such a barrage, pleaded to be heard, explained how he had interpreted the law. He claimed that he was unaware that his subordinates had abused this emergency tree felling provision, even offered to initiate action against them but, retained his defense that those trees that were felled were indeed dangerous. But those gathered demonstrated they indeed were not. Unable to address such a tirade, the Commissioner walked out of the meeting hall. The group decided to stay put.

After continuous pressure from the group and a long wait the commissioner agreed to meet a delegation in his chamber. In this meeting, the powers of the commissioner to fell trees was debated, he was asked to specifically define how he arrived at a such an extensive list of �dangerous� trees, and in short, the group demanded that the orders to fell trees be withdrawn.

The commissioner and his associates explained how they were liable for damages if a tree were to fall and hurt, or kill, someone. The citizens group agreed that dangerous trees must be removed, but asked whether all trees on Sampige Road were dangerous? Not all in Basavanagudi either? For such extensive felling there was a process defined under the Tree Act, and it must be followed. Courts had held that the Tree Act was the legislation to govern such decisions.

The commissioner was offered all help to identify dangerous trees, and also to determine healthy trees, so there was not arbitrary action. He was also offered voluntary technical support to re-align streets creatively to accommodate the growing traffic density, while making every effort to protect trees. All that citizens demanded was transparency and accountability in decision making, and conformance with the law.

With all this in view, the commissioner stayed until further orders all permissions granted to fell trees in Bangalore. The Chief Horticultural Officer, Mr. Narayanaswamy, was instructed accordingly.

There was euphoric applause from all those gathered, who by now had been holding vigil for over four hours. They left victorious but resolved that they would also systematically and collectively now work with the BMP and the Forest Department that the green heritage of Bangalore would be protected for posterity, even willing to identify trees that were �likely to fall�. It was also decided that innovative designs and schemes, would be presented to ensure the traffic pressures were eased without losing too many of our lovely, large trees.

Leo Saldanha 27 Apr 2005

Leo F. Saldanha is the coordinator of Environment Support Group, a Bangalore based non-profit organization. Environment Support Group �, S-3, Rajashree Apartments, 18/57, 1st Main Road, S. R. K. Gardens, Jayanagar, Bannerghatta Road, Bangalore 560041. Telefax: 91-80-26341977/26534364/26531339 Email: [email removed]

Citizen Direct is India Together’s channel for publishing reports from citizens who have detailed information about specific civil society concerns and matters, by virtue of their participation, association, or independent observation. These reports are therefore as witnessed and understood by the authors themselves; India Together accepts no liability or responsibility for them.
More

• Spread the word

• Contact the author

Post your comment below, or View Existing Comments (1)

---

Post a comment

Note: Your post will appear within 24 hours unless found inappropriate (spam, netabuse). See policy

Name:

Email Address:

URL:

Remember personal info? YesNo Comments:

For verification, please enter the security code you see below

Note: Your post will appear within 24 hours unless found inappropriate (spam, netabuse). See policy

---

EXISTING COMMENTS

• Posted by Praveen on April 29, 2005 06:43 PM

  Kudos to Leo Saldanha for stalling the heineous crime. We should somehow file a PIL to bring the govt for seriously voilating the environment in Bangalore and elsewhere.

Post your comment

powered by Movable Type 2.64