• Trimming of trees

We are a Association of Villa owners living in a gated community in a village in Goa. There are some trees inside our premises. Many of the trees need regular trimming and cutting of branches . We are not cutting/felling any tree .However, one member is threatening to go to court if any of the trees are even trimmed. 
Do we need to take permission even to trim branches for trees in our private property? Is there a min height of the tree that needs to be there after trimming/ cutting?

Thanks
Asked 4 years ago in Property Law
Religion: Hindu

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8 Answers

You need permission for trimming of trees in your gated complex 

 

approach tree authority muncipal corporation for permission for trimming trees 

Ajay Sethi
Advocate, Mumbai
96748 Answers
7804 Consultations

Yes for trimming you need to take permission from the corporation. Due to many incidents of felling in the name of trimming this has happened. 

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

By law, you have the right to trim branches and limbs that extend past the property line.

However, the law only allows tree trimming and tree cutting up to the property line. You may not go onto the neighbor's property or destroy the tree.

If you do harm the tree, you could be found liable for up to three times the value of the tree.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

According to the Indian Forest Act, each state has laid down its own rules and regulations against felling of trees

For cutting down trees that are blocking your way, whose branches are spreading to your house or blocking hoardings, you need to take a clearance from the Forest department. Many people, due to their ignorance of the rules are attracting penalties from the Forest department.

If you wish to cut down a tree that is blocking your way, or for any other reason, you need to submit an application to the respective Forest department office, mentioning the threat you are facing, along with a copy of your title deed, or ownership certificate and photo. You would be also required to write to the corporation, to give clearance to the Forest department. On receiving the application, a forest officer or an officer from the Tree Authority will undertake a site inspection and all genuine requests will be granted permission.

 However there is no rules prohibiting you from trimming the trees or cutting the branches of trees which are hazardous to the human life or threat posed to properties.

 

T Kalaiselvan
Advocate, Vellore
86950 Answers
2334 Consultations

Hi, strictly speaking you need to get permission from the local authorities. But in practical it is difficult to get the same.

Pradeep Bharathipura
Advocate, Bangalore
5611 Answers
338 Consultations

You may seek permission from social forestry department of Goa for trimming trees in your society premises before trimming the trees and also pass a unanimous resolution amongst the members of the society consenting on trimming of trees in the society.

Pooja Ashar
Advocate, Ahmedabad
236 Answers
4 Consultations

- Legally , you cannot cut /uproot a tree without getting proper approval of the competent authority or court order. 

- But, for trimming the branches no such order or approval needed, and hence the threatening by that person is against the law , and such case is not maintainable before the court. 

- Further , if that tree is in your private property , then there is no need to take the permission . 

Mohammed Shahzad
Advocate, Delhi
14415 Answers
221 Consultations

Reasonable trimming is ok but if it harms the tree in the way that it dies then you can face problem. If the trimming is normal then there is no problem but still for precaution, as there are different clauses in different states, you are adviced to file an RTI application in the department with the query and you will get a confirmed reply which you can use anywhere. Regards GMGupta Advocate 

Gopender
Advocate, New Delhi
384 Answers

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