Lax law aids tree felling in Dharamsala

Lalit Mohan

Tribune News Service

Dharamsala, November 15

Illegal and rampant felling of green trees has attracted a lot of attention after the Himachal High Court took cognisance of the matter.

An investigation by The Tribune into the illegal felling of trees in municipal council Dharamsala area over past about one decade reveal that most of culprits have been getting away with the violations due to lax law.

The people felling trees illegally in the municipal council area on private lands are prosecuted under section 247 of the Municipal Council Act 1994. As per the original Act penalty under the Act was a fine of Rs 500 and imprisonment up to three months. The municipal council authorities also had the power to compound the offense of felling green trees by imposing a penalty of just Rs 500.

The sources here said that till 2010 municipal council Dharamsala had let go many people felling huge trees on their private properties by imposing a fine of Rs 500.

The Act has encouraged the people as they could fell trees worth lakhs of market value and get away with the fine of just Rs 500.

However, the Municipal Council Act was amended after 2010. The offence of felling a tree illegally even on private land under the municipal council area now attracts a minimum fine of Rs 5,000 and imprisonment of minimum three months. However, even after the amendment the council authorities had been compounding the offence of felling green deodar trees on private lands after imposing a minimum amount of fine. This has encouraged the violators who have been clearing the lands of green cover for erecting hotels and guest houses, especially in McLeodganj and its surrounding areas.

The sources also said as per the Act the council authorities should get the felled trees evaluated from the forest officials to ascertain the amount of fine that could be imposed on violator. However, the council authorities had been choosing to impose minimum penalty on violators.

The sources here said that in the recent past the Dharamsala municipal council authorities have given No Objection Certificate (NOC) to some buildings erected in Core Green area of Dharamsala as per the Town and Country Planning maps.

The NOC from municipal council was mandatory for allotment of water, electricity connection and registration with the tourism department.

The acting executive officer of Dharamsala Municipal Council, Sanjeev Saini, while talking to The Tribune, said this time they had filed cases of felling trees against six persons in the court. The court will now decide on the quantum of sentence against the culprits. The Dharamsala municipal council has taken this action after the Himachal High Court took strong view against the tree felling in the area.

The state government has already issued a notification for converting Dharamsala municipal council into corporation.

With this the area of Dharamsala corporation would also include about eight adjoining villages.

This will lead to change in the management of the urban area as a senior HAS or an IAS officer would manage the affairs of the corporation instead of council employees.