Form Statewide Policy On Compensatory Afforestation: HC to MSIDC
This directive came after reports revealed violations of the Maharashtra Urban Areas Protection and Preservation of Trees Act during infrastructure projects.
A division bench comprising justices Nitin Sambre and Sachin Deshmukh granted MSIDC four weeks to submit a detailed affidavit outlining its policy, compliance measures, and monitoring mechanisms. The order emerged from the hearing of a public interest litigation filed by Preeti Patel and three others, who alleged large-scale tree felling in breach of regulations during city development works.
The petitioners were represented by advocate Mrinall Chakravarty, while Gemini Kasat appeared for Nagpur Municipal Corporation (NMC).
Earlier, the court criticised MSIDC for not fulfilling its responsibilities after a tree audit revealed that 749 of 1,861 trees planted as compensatory afforestation had died. These trees were intended to replace 36 that were cut down to construct new buildings for the district collector and divisional commissioner's offices.
In Monday's hearing, MSIDC's general manager Brijesh Dixit appeared in person as previously directed and submitted an affidavit. He stated that a total of 1,779 saplings were planted to replace the felled trees and that watchmen would now be deployed to monitor the plantations at both the original and newly identified sites.
However, the court deemed the response unsatisfactory and instructed Dixit to provide a more detailed and clear affidavit within two weeks, explaining all aspects of the plantation, survival rate, and long-term maintenance.
The NMC Tree Authority had earlier ordered MSIDC to plant 1,735 trees to compensate for the 36 trees removed. The high number of tree deaths led to strict scrutiny and Dixit being summoned to court.
In October 2024, MSIDC sought permission to fell or transplant 40 trees for constructing new buildings for the collectorate and divisional commissioner's offices. After site inspections in February 2025, the Tree Authority found 15 heritage trees and 21 non-heritage trees at risk.
In a March 2025 meeting, permission was granted to cut 35 of these and transplant one tree, with the strict condition that 1,735 new trees be planted in compensation.
Initially, MSIDC proposed to carry out the plantation at Gorewada. However, the court directed that all trees be planted within city limits. The agency later reported planting 1,861 trees at Vayusena Nagar, Dattawadi, Dabha, Wathoda, and near Futala Lake. Inspections conducted by the Tree Authority on June 21 and 23 revealed that 749 trees had died, over 400 were under six feet in height, and many sites lacked basic care such as water supply and fencing.
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