PIL against artificial lights on trees during festivals: Bombay High Court seeks reply from Maharashtra govt, civic bodies

Advocate Ronita Bhattacharya, for the petitioner, referred to a July 2019 circular issued by the Delhi government’s forest department. Through the circular, certain measures have been taken to check the damage caused to the trunks of the trees and roots by signboards advertisements (signages), electric wires, high-tension cables and other damaging elements on the trees. She said such a circular was issued based on an order from the National Green Tribunal (NGT).

To support the plea, the petitioner added that Section 2 (C) of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975, defines the phrase ‘to fell a tree’ as including burning, cutting, or in any way damaging a tree. Moreover, as per Section 8 of the said Act, restrictions are imposed on tree felling, which is subject to permission being granted by a tree officer/authority of the civic body.

In light of the said two provisions, the petitioner submitted that putting up artificial lighting and other kinds of electric wires causes damage to trees, and, therefore, such wires cannot be put up on trees without permission granted under Section 8 of the 1975 law.

“Such unregulated practices are detrimental to the health and growth of the trees in question and are disruptive to insects, mammals and birds at the time of their nest building, roosting and other activities,” the plea claimed, adding that directions be issued against inaction by civic bodies in this regard.

The PIL sought various directions from the authorities, including effective steps to remove such wires and other impermissible materials wrapped around trees under their area, raise public awareness about the issue, and ensure that such high-tension cables are not henceforth illegally installed on trees, particularly during festive seasons.

“Petition raises pertinent questions of public interest; hence, we issue notice,” the bench said, seeking affidavits in reply from the state and the civic bodies within four weeks.

The petitioner submitted that “the phenomenon of bright lights disrupting and disorienting wildlife and birds is known as ‘light pollution’ and presence of such disturbingly bright lights posed a serious threat to the birds in Mumbai, Thane and Mira-Bhayander. Needless to say that the light emanating from these wires also causes severe disruption to the ability of residents in the proximity of such trees to sleep”.