The central legal point established in the judgment is the acknowledgment of the threat posed by dangerous trees and the adoption of a Standard Operating Procedure (SOP) for assessing and removing such trees, in accordance with the Municipal Corporations, Karnataka Act, 1977 and the Karnataka Preservation of Trees Act, 1976.

ORDER :

1. The petitioner is before this Court seeking for the following reliefs:

i) Issue a Writ/Order/Direction directing the respondents to consider the representation dated 25.07.2023 (Annexure-A) and representation dated 31.07.2023 (Annexure-B) given by the Petitioner.

ii) Issue a Writ/Order/Direction directing the Respondents to take necessary steps forthwith to remove the tree situated in house No. 1367, 31st B Cross, 4th T Block, Jayanagar, Bengaluru.

iii) Pass such order/s as this Hon’ble court deems fit to grant on the facts and circumstances of the case, in the interest of justice and equity.

2. The grievance of the petitioner is that the petitioner being the owner of property bearing No. 1368/31st B Cross, 4T Block, Jayanagar, Bengaluru, by constructing a residential house has been enjoying the same for last 40 years. A tree growing in the neighbouring house No.1367, 31st B Cross, 4th T Block, Jayanagar, Bengaluru, had started leaning on to the property of the petitioner and it is in that background, the petitioner made several requests to neighbouring property owners to remove the said tree to address the threat posed by the tree to the life and liberty of the petitioner. When the said neighbour did not take any action, the petitioner had approached the Corporation authorities to do the needful, despite which no action was taken.

3. Notice having been served to the Corporation, the Corporation initially contended that permission for removal of a tree can only be granted to the owner of the land on which the tree is located and cannot be granted to a neighbouring owner. When it was pointed out to the counsel for the Corporation that if the said land owner was not interested in taking any steps on account of the falling of the tree not affecting that land owner but affecting the neighbouring land owner, the interest of the neighbouring owner would also have to be taken into consideration by considering the application after inspecting and examining the tree.

4. Sri.N.K.Ramesh, learned counsel for the Corporation had sought time for inspection of the tree and thereafter submitted that necessary permission would be granted. When the counsel for the petitioner pointed out that the petitioner does not have the wherewithal to remove the tree, it was for the Corporation to remove the said tree and recover any cost incurred from the owner on which land the tree is located.

5. Sri.N.K.Ramesh, learned counsel fairly acceded to the request and thereafter the tree has been removed since there was no permission required under the Karnataka Preservation of Trees Act, 1976 which would not apply to dangerous trees. On enquiry with Sri.N.K.Ramesh, as to whether there is any procedure adopted by the Corporation in such circumstances, he had submitted that there is no such procedure, but, however Standard Operating Procedure [SOP] would be drawn up. Today, a memo along with SOP guidelines/parameters adopted by Tree Officers/Deputy Conservator of Forest, BBMP for felling dangerous trees has been placed on record. Same reads as under:

Standard Operating Procedure (SOP)

Guidelines/Parameters adopted by the Tree Officer/Deputy Conservator of Forests, BBMP for felling dangerous tree

Introduction

Trees being the vital resources for the survival of all living beings, still poses a severe risk when the tree is dried/damaged, causes threat to lives and property. Hence regular maintenance of tree is required to prune the dried and dangerous branches of the trees standing on the roadside/inside the public properties or inside the private properties. Further many complaints are being received by public for removal of dangerous/dried trees. Presently the Forest Wing, Bruhat Bengaluru Mahanagara Palike has adopted certain parameters/guidelines to prune/fell the dangerous trees and also to avoid unlawful tree felling without the knowledge of the Forest department.

In pursuance to the Hon'ble High Court of Karnataka Orders dtd. 07.09.2023 in the Writ Petition 1