Eight massive trees being felled on Residency Road

Eight Massive Trees Being Felled by BMP Illegally on Residency Road


Since yesterday, a contractor employed by the Bangalore Mahanagara Palike has begun felling massive trees along Residency Road (from Bangalore Club to Cash Pharmacy). The order to fell these trees is wholly illegal as it has been issued by Bangalore Mahanagara Palike, which has no authority to authorise such felling. The ostensible reason for this is road widening to decongest traffic flow. These massive, lovely, old trees form the charm of old Bangalore, and stand as reminders of the city's heritage. They are very healthy, and there is clearly no reason to fell them.

Gross Illegality:

Several groups and individuals have engaged with the various departments of the State regarding the proposal to fell 700 trees (initially) along the city's main corridors. In particular, the office of the Home Secretary and Principal Secretary, Dept. of Forests, Ecology and Environment have been approached. The latter in a letter dated 23 March 2005 has directed the Principal Chief Conservator of Forests, Karnataka Forest Dept. to take immediate and appropriate action, with regard to a complaint against such felling filed by ESG. Copies enclosed.

While this review is in process, the Bangalore Mahanagara Palike has no authority whatsoever to allow for felling of roadside trees. In particular, this act of Commissioner, BMP is illegal per Sec. 2.5 of the Forest Conservation Rules, which allows for felling of roadside trees by "appropriate authority". Such an authority is defined by the Karnataka Tree
Preservation Act as the Deputy Conservator of Forests (Bangalore Urban).

In our communication with Shri. Parameshwar, DCF (Urban), we have received categorical confirmation that such permission has not been accorded. We have also been informed that Shri. Jyothirmalingam, Commissioner, BMP has
acted by his own volition and per the Karnataka Municipal Act. It is well settled that the Karnataka Tree Act and Forest Conservation Act override any provision of the Municipal Act in regard to tree felling.

Many other solutions not even considered:

This act of felling these lovely old trees is most unfortunate as there are many other solutions to decongesting traffic in this zone. It is well known that certain second hand car sales shops, who are housed in the Bishop Cotton's School premises, hog the parking in this area and thus cause congestion of traffic. In addition, most students of the Bishop Cotton's School are dropped off in cars by parents, when clearly this has to be done by public transport. If Bishop Cottons instructs all students to only come by public bus, which many schools have adopted, then there would not be any traffic congestion, particularly in peak hours. Thus felling the trees need not be the focus for decongesting traffic, as the police have currently made a case for.

It is truly disappointing that an old educational institution, by its lack of cooperation in the wider public interest, is causing the loss of such grand old trees. This is highly condemnable and the civic authorities must take appropriate action to ensure parents dropping off children to school do not hold a city to ransom and cause it to lose its heritage trees.

Efforts to find innovative solutions not being considered:

Protestors against the felling of these trees have brought forth all these points in support of their claim to save these trees. All these have been argued with the authorities by many protestors, from a variety of organisations. In addition a police complaint has been filed to stop the illegal felling of trees (copy enclosed). Yet the police have decided to act questionably in arresting peaceful protestors who only want to save the trees and find innovative ways to manage the city's traffic.



Leo F. Saldanha
Bhargavi S. Rao
Environment Support Group ®
S-3, Rajashree Apartments, 18/57, 1st Main Road, S. R. K. Gardens,
Jayanagar, Bannerghatta Road, Bangalore 560041. INDIA Telefax:
91-80-26341977/26531339/26534364 Fax: 91-80-51179912
Email: esg@esgindia.org or esg@bgl.vsnl.net.in Web: www.esgindia.org

Environment Support Group ®
S-3, Rajashree Apartments, 18/57, 1st Main Road, S. R. K. Gardens,
Jayanagar, Bannerghatta Road, Bangalore 560041. INDIA
Telefax: 91-80-26341977/26531339/26534364 Telefax: 91-80-51179912
Email: esg@esgindia.org or esg@bgl.vsnl.net.in Web: www.esgindia.org

The Station House Officer
Ashoknagar Police Station
Bangalore 560001
14 Apr. 05 (2 pm.)

Reg.: Complaint to stop illegal felling of trees on Residency Road between Bangalore Club and Cash Pharmacy

Dear Sir,

1. A Contractor employed by Bangalore Mahanagara Palike (BMP) has set about cutting eight very old and massive trees along Residency Road (Field Marshall Cariappa Road), since yesterday. By this morning he has already felled three trees and is proceeding at a brisk pace to fell the remaining five. The contractor, one Shri. R. Shekar, S/o Shri. Raffel, apparently is acting on the order of BMP authorising him to fell these trees.

2. On 23 March 2005, the Principal Secretary, Dept of Forests, Ecology and Environment, acting on a letter we have written to Shri. Brahm Dutt, Principal Secretary, Home Dept., regarding the plans of the BMP to fell 700 roadside trees, had categorically directed the Principal Chief Conservator of Forests, Karnataka Forest Dept. to take "immediate and appropriate action" on the complaint of Environment Support Group. A copy of this direction (No. AaPaJe 44 FD 2005) is enclosed along with connected correspondence.

3. In light of the above direction of a designate officer of the State, and pending enquiry so directed, the ongoing felling of trees on Residency Road is illegal, and must be immediately stopped. Consequently, all logs that have been felled must be immediately confiscated and action initiated against the relevant officers and agencies.

4. The aforementioned action to fell the trees is particularly violative of Sec 2.5 (i) of the Forest Conservation Rules (Central Act) in as much as the act of felling these trees has not been authorised by the "appropriate authority". The appropriate authority is a Deputy Conservator of Forests (Bangalore Urban), as per the Karnataka Preservation of Trees
Act. In view of the pending enquiry by Karnataka Forest Dept., as directed by Principal Secretary, all acts of tree felling along the road sides, based merely on the order of any officer of Bangalore Mahanagara Palike is in absolute violation of the aforementioned laws and various other rules and orders and judgments of the Hon'ble Supreme Court and High Court of Karnataka.

5. In this regard we wish to state on record that we have already communicated this matter to Mr. Narayanaswamy (Horticultural Office - BMP Cell 9448484404) urging him to instruct the contractor to stop the work.

Keeping this in view, you are requested to immediately stop the felling and confiscate the material so felled, along with all other equipments used. In addition, we urge you to initiate such other action as is required per law.

Thanking you,
Yours sincerely,


Cc.:

Principal Secretary, Dept. of Forests, Ecology and Environment, Govt. of Karnataka
Principal Secretary, Home Department, Govt. of Karnataka
Principal Chief Conservator of Forests, Karnataka Forest Dept.
Deputy Conservator of Forests (Bangalore Urban), Karnataka State Forest
Dept. Commissioner, Bangalore Mahanagara Palike

Environment Support Group ®
S-3, Rajashree Apartments, 18/57, 1st Main Road, S. R. K. Gardens,
Jayanagar, Bannerghatta Road, Bangalore 560041. INDIA
Telefax: 91-80-26534364/26531339/26341977 Fax: 91-80-51179912
Email: esg@esgindia.org or esg@bgl.vsnl.net.in Web: www.esgindia.org



Mr. Brahm Dutt
Home and Transport Secretary
And Chairman,
Bangalore Task Force on Traffic Management
Vidhana Soudha
Bangalore - 1

2nd March, 2005

Reg: Axing of 700 trees on city roads to aid traffic flow

Dear Mr. Dutt,

Environment Support Group (ESG) is an independent not-for-profit voluntary organisation, registered as a Public Charitable Trust, and working on various issues of social and environmental concern.

We have been greatly disturbed by reports in various city newspapers over the past two days that the newly-constituted task force for traffic management, headed by you, has directed BMP to axe 700 trees that obstruct traffic flow on roads. ESG has been at the forefront of campaigns trying to save Bangalore's green cover and we strongly feel that roadside trees are part of the city's heritage, provide major relief to the city's microclimate, and also serve well pedestrians whose needs are rarely considered in this city.

We do agree that there are situations when tree felling has to be undertaken, but this has to be based on a planned assessment, involving public feedback mechanisms and certainly in conformance with the laws as applicable.

In our endeavour to preserve Bangalore's trees, we have always looked to the Government to act responsibly and set an example for citizens. In that regard we had taken very seriously last week's announcements in the press wherein you called for suggestions for improving traffic management and were working on various ideas to present them to you, one certainly being the possibility of innovative design, where traffic flow is ensured even as trees are preserved to act as a relief for pedestrians and cyclists. Your invitation for public feedback seems to be negated by your rush to fell 700
trees, clearly a huge number by any standards.

In this regard we contacted the Deputy Conservator of Forests (Urban) and were shocked to learn that they had no official communication with regard to your announcement. We strongly protest this decision and urge you immediately to reconsider this decision.

To press our case further, and highlight many opportunities of progressive traffic planning while retaining our heritage, Bangalore's avenue trees in this case, ESG would like to lead a delegation of concerned citizens and citizens groups to meet with you at the earliest instance. We do hope you will consider this request soonest in the wider public interest.

Thanking you,

Yours sincerely,


Leo F. Saldanha Harminder Kaur

Cc:

Minister for Forests, Government of Karnataka
Principal Secretary, Department of Forests, Ecology and Environment, Govt of Karnataka
Mayor, Bangalore Mahanagara Palike
Commissioner, Bangalore Mahanagara Palike
Deputy Conservator of Forest (Bangalore Urban), Karnataka Forest Department
Press and Concerned Citizens



UPDATE

Just now (5:30PM) I walked over to the place and returned. The workers had just then stopped the chopping work for the day. After I had waited for a few minutes, the contractor came over by a bike (KA-04-L1675, for whatever it's worth). When I asked him if he had got the permission for fell the trees, he first asked me for my identity. When I refused and said as a citizen I have a right to ask for it since he is affecting public property (trees), he said he has got persmission from BMP and anyway refused to show any such doc. to me, saying, "Sir, without permission, I can't even touch a leaf, leave alone chopping the trees". In the afternoon, I did see them cutting the tree under heavy police protection with a lot of onlookers.

But the point is, unless we make BMP revoke that permission, the rest of the trees can't be saved.

The silver lining is that they seem to be chopping trees sequentially, so if we can stop it tomorrow, we can save the rest. As of now, one huge tree is completely gone, even its roots removed. Another huge mango tree's branches are almost chopped, leaving the tall main trunk with a few branches at the very top.

Nagarajan