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Synopsis

The Brihanmumbai Municipal Corporation (BMC) has informed the Bombay High Court that all lights installed on trees within its jurisdiction have been removed.

A division bench of the high court, comprising Chief Justice Devendra Upadhyaya and Justice Amit Borkar, was hearing a Public Interest Litigation (PIL) seeking directions to remove high-tension cables, wires, lighting, and signposts that were draped, wrapped, or otherwise placed on trees in Mumbai, Thane, and Mira Bhayander.

Advocate Urja Dhond, appearing for the BMC, informed the bench that all the lights installed within their jurisdiction had been removed.

“We have issued a circular and have received a report that all lights are removed. I will file an affidavit,” the counsel said.

The bench also directed the remaining municipal corporations to file their affidavits within four weeks. Additionally, the court directed the state government to file an affidavit after Advocate Ronita Bhattacharya, appearing for the petitioner, submitted that the issue might not be limited to just the three municipal corporations.

The petition further seeks direction to be issued to raise public awareness about these acts being impermissible under Section 8 of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act,1975 and must be curbed forthwith due to their detrimental impact on trees.

The petition submits that such lighting and wrapping of wires is detrimental to insects, mammals and birds during their nest building, roosting and other activities.

"These lights and cables appear are evidently wrapped tightly across the trunk and branches of trees and are also draped across the branches of trees. The lights are not only decorative fairy lights and LED strips but are also flood lights mounted on trees....While most of such lighting appeared initially to be installed for temporary festivals and religious holidays, however, the Petitioner has been disturbed to note that in some locations such lighting appears to be presented as a permanent attraction...", the petition submits.

It has been further submitted that birds and the overall health of the trees is also impacted by the heat emanating from these high-wattage lights.

"The impact on the birds and the health of trees has a domino impact on the insects and the rodents of the area, which can lead to serious nuisance caused to the residents of the locality where the trees are located...", the PIL states.

Case Title: Rohit Joshi vs. Tree Authority, Municipal Corporation of greater Mumbai and Ors.