Tree felling: HC upholds punitive action against village sarpanch

The Gujarat High Court,in a recent order,has upheld the Banaskantha collector’s order to fine a village sarpanch Rs 1,000 for felling a ‘piper’ tree without the mandatory permission of the district collector. The village headman was fined against a complaint filed by a villager. According to the details of the case,Gangaram Patel had got a ‘piper’ tree on the village road removed last year. At this,one Bhemabhai Medat from the same village had lodged a complaint against him,alleging that he did not take the necessary permission. The Banaskantha collector had found Patel guilty of violating the Saurashtra Felling of Trees (Infliction of Punishment) Act,1951 and fined him Rs 1,000. Challenging the order at different levels,Patel finally appealed to the High Court to revoke the fine. His lawyer had contended that the tree was ordered to be felled considering public safety,as it was a dying tree that could have fallen anytime.

But dismissing the petition,the division bench of Chief Justice S J Mukhopadhyaya and Justice A S Dave observed,“We find no illegality in the order imposing penalty on the appellant having cut the tree in question without prior permission of the competent authority.”