Abhay Shreeniwas Oka, J.

1. The issues involved in these petitions concern the provisions of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975 (for short ‘the Trees Act'). As held by a Division Bench of this Court by the Judgment and Order dated 20th September 2013 in PIL No. 93 of 2009 (Deepak Balkrishna Vahikar and another vs. State of Maharashtra and others), the object of enacting the Trees Act is not to encourage destruction of trees but to encourage growth of trees in urban areas of the State.

2. In both the petitions, there is a challenge to the constitutional validity of the of the amendment to the Trees Act made by the Maharashtra Act No. XIII of 2017 by adding sub-Section (5) to Section 8 of the Trees Act. The name of the said enactment is the Maharashtra (Urban Areas) Protection and Preservation of Trees Amendment Act, 2016 (for short ‘the Amendment Act'). It is not in dispute that the said Amendment Act was brought into force with effect from 1st April 2017.

3. Before we reproduce the submissions made across the bar, we must note here that in both the petitions, Rule has been issued and the petitions have been admitted for final hearing. We have extensively heard the parties on the prayer for interim relief. As far as the PIL N. 119 of 2017 is concerned, there was an earlier order directing that the petition will be disposed of finally at the stage of admission. However, after the said order was passed, by amendment, the petitioner therein has incorporated a prayer for challenging the constitutional validity of certain provisions introduced by the Amendment Act. In view of subsequent amendment, the petition cannot be heard finally at admission stage and therefore, we have heard the learned counsel for the parties on the prayer for interim relief.

4. Clause (a) of Section 2 of the Trees Act defines "preservation of trees" as including planting of new trees and other operations for survival and propagation of the trees. The definition of "tree" is very wide in clause (d) of Section 3. It means any perennial woody plant, whether in the seeding or sapling stage or fully grown stage, and includes shrubs whose branches spring from the ground level. Therefore, the Trees Act is applicable to a plant in the seeding stage or at sapling stage and its applicability is not confined only to trees as understood in popular sense. Moreover, the definition of the phrase "to fell a tree" under clause (c) of Section 2 is wide enough to include burning, cutting or act of in any way damaging a tree. Thus, even if death of a tree is caused by use of a chemical, such act is covered by the definition and therefore, the restrictions on felling of trees imposed by the Trees Act covers such act as well. The Act provides for appointment of a Tree Officer. Firstly, we must refer to Section 3 of the Trees Act as it existed prior to the date on which Amendment Act came into force. Section 3 before coming into force of the Amendment Act reads thus:

"3. Establishment and Procedure of Tree Authority

(1) As soon as may be after this Act is brought into force in any urban area the urban local authority concerned shall constitute a Tree Authority, consisting of the Chairman and other not less than five and not more than fifteen persons from amongst its members appointed in such manner and for such period as that authority may determine:

Provided that, where an administrator by whatever name called is appointed for any municipal corporation or municipal council, he shall during the period of his appointment, act as the Tree Authority and exercise all the powers and perform all the duties of the Tree Authority.

(2) In the case of urban local authority specified in column (1) of the table below the Chairman of its Tree Authority shall be the person specified against it in column (2) thereof.

	Name of the urba