PIL before Bombay High Court to stop putting artificial lights on trees

The Bombay High Court today issued notice on a public interest litigation (PIL) petition raising concern about the ill effects of installing artificial lights on trees during festivities, particularly the harm caused to the trees and nocturnal organisms living on and around such trees [Rohit Joshi v. Tree Authority, Thane & Ors.].A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice AS Doctor has sought a response on the matter from the Maharashtra government, Brihanmumbai Municipal Corporation (BMC), the municipal corporations of Thane and Mira Bhayander and the tree authorities in these areas.“Petition raises pertinent questions of public interest, hence we issue notice," the Court said..The PIL before the Court has been filed by activist Rohit Joshi.While discussing the harm caused to trees by wrapping artificial rights around it, the petition refers to a circular issued by the Department of Forest and Welfare of the Government of National Capital Territory (NCT) of Delhi, which was based on an order by the National Green Tribunal from April 2013.The circular highlighted the measures that had been taken by the Delhi government to check on damage caused to the trunks of trees and roots on account of signboards, advertisements (signages), electric wires, high tension cables and other damaging elements..Advocate Ronita Bhattacharya appeared for Joshi (petitioner before Bombay High Court) today and raised concern over the unregulated practice of wrapping or draping high tension cables, wires, lighting and sign posts over trees in cities. The counsel pointed out that such practices were detrimental to the health and growth of trees and other organisms living in trees.It was also noted that the provisions of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act states that burning or damaging a tree in any way amounted to “felling of a tree”, which was restricted under the Act, subject to permission from the concerned civic authorities.The petitioner has argued that the civic authorities have failed in their duties to protect the trees. “The civic authorities are in clear breach of the duties vested in them to ensure protection and preservation of trees and ensuring the trees within the urban areas in their jurisdiction are properly maintained and permitted to grow healthily," the petitioner said. .To remedy the situation, the petitioner has urged the court order the civic authorities to take steps to remove the wires, lighting, cables and sign posts over trees in their respective jurisdictions.The Court has also been urged to direct the concerned authorities to raise public awareness about the ill-effects of wrapping artificial lights and cables around trees.