A bench of Justices A S Oka and P N Deshmukh however, permitted the BMC commissioner to make an exception and consider such applications only in cases of "extreme emergency" that involved threats of loss to human life or property.
The bench also directed the Maharashtra advocate general to file an affidavit detailing the procedure followed by the BMC commissioner while deciding upon proposals or applications to fell trees in the city.
The bench was hearing a plea filed by activist Zoru Bhatena challenging the constitutional validity of a provision under the Maharashtra (Urban Areas) Protection and Preservation of Trees Act that confers special powers upon the municipal commissioners to decide upon applications that seek permission to cut less than 25 trees at a time.
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Bhatena had told the court on the last hearing earlier this month, that taking advantage of the above provision, several developers and work contractors often split their applications for felling trees to ensure that each plea sought permission only for 25 trees at a time, and thus, could be permitted by the BMC commissioner.
As per the existing rules, proposals to cut, transplant, or remove more than 25 trees are sent to the corporation's tree authority.
Bhatena's plea had prompted the court to ask how the commissioner could be considered a competent authority to decide single-handedly upon tree cutting proposals.
The commissioner of TMC informed the court through a letter that following the court's intervention, the existing committee would be dissolved and a new, competent tree authority will be reconstituted.
While the bench accepted the above submission, it said that the authorities in Thane too must refrain from allowing any proposals to cut trees till March 7, the next date of hearing.
"Also tell us what are the guidelines that will be followed while reconstituting the new authority," the bench told TMC.
The petition claimed that only three members of the committee were graduates in science, botany, or agriculture.
The PIL had said that in order to achieve the objectives of the above Act, it was incumbent that the Thane tree authority be reconstituted.
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