Calcutta: The slaughter of an ashwattha (peepal) tree at Ballygunge Place on Thursday morning was carried out without the consent of the Calcutta Municipal Corporation or the forest department.

Metro takes a look at what the law says about tree felling in the West Bengal Trees (Protection and Conservation in Non-forest Areas) Act, 2006

Can I cut down a tree within my premises?

Yes, but only with the permission of both the forest department and the local civic body, the Calcutta Municipal Corporation (CMC) in Calcutta.

Can I cut down a tree on a pavement?

No, pavements are public property and no individual has the authority to cut or fell a tree there.

Then how do so many trees on pavements get felled in Calcutta?

In many cases, the CMC deploys staff to fell trees to make way for wider roads or other projects.

If you see people cutting down a tree on a pavement, ask who they are, whether they have the permission of the forest department and the civic body to fell the tree.

What if there is no permission?

Alert the forest department's forest utilisation division (if within Calcutta) or the divisional forest officer (DFO) if the felling takes place in the districts. You can also lodge a police complaint for destroying public property.

A tree on a pavement is public property, said an official of the forest department.

But what if a tree on a pavement poses a risk to people's safety?

Such a tree may be felled, but only with the permission of the civic body and the forest department. Permission is granted only if the authorities are convinced the reason is genuine.

Who do I apply to if I want to fell a tree?

A resident of Calcutta has to apply to the parks and squares department of the corporation and the forest utilisation division of the forest department. Those living in the districts have to apply to the divisional forest officer.

Do I need permission to even trim the branches of a tree?

Yes.

Is there a provision to punish someone who fells a tree without permission?

Yes, the person can be penalised and also imprisoned. An official of the forest department said the Protection and Conservation of Trees Act allows fines up to Rs 10,000 for felling trees without permission. This act governs felling and protection of trees in non-forest areas. The pavement adjacent to a private plot falls under the non-forest area category. "There is a provision for imprisonment up to one year," said the official.

Is there a way to compensate the felling of trees by planting new saplings?

Yes, the forest department grants permission for tree felling only under the condition that five saplings will be planted for each tree felled. It is the responsibility of the forest department and the CMC to ensure that the saplings are actually planted.

Where do I plant the saplings?

One can plant the sapling in the nearest available space. There is no rule denoting the precise area where the saplings have to be planted. "If a tree is felled in Ballygunge, it's not as if the sapling has to be planted in Ballygunge alone. It can be planted anywhere within the city," said the forest department official.

This rule was framed keeping in mind that there is often no space to plant a sapling in the area where a tree is felled.

Do police or forest officials take action against people who fell trees without permission?

Rarely. A corporation official said the common excuse the police cite is that the person who felled the tree could not be identified. If the police fail to identify, the forest department, too, uses it as an excuse to avoid punishing the offender.

Where do I lodge a complaint if I see someone cutting down a tree down without permission?

You may alert the CMC at 033-22861212/1313/1414 or the forest department's office at Lyons Range if the incident takes place in Calcutta. In the districts, the complaint must be lodged with the DFO. One can also alert the police.