Bombay HC refuses relief to Bandra man booked 10 years ago for cutting tree, killing birds

MUMBAI: Bombay HC has refused to quash an FIR against a Bandra CHS m ember who was booked in 2014 for allegedly causing the death of some birds and their fledglings by cutting down a tamarind tree that was used for nesting. “...We are of the considered opinion that there is a prima facie case of the offence alleged in the FIR. Hence, the applicant cannot escape prosecution,” said Justices Ajay Gadkari and Shyam Chandak in the January 15 order.
According to the FIR lodged by Khar police on May 13, 2014, based on a complaint from activists of NGO Youth Organisation in Defence of Animals, trees that served as a nesting ground for migratory birds were destroyed at Nectar CHS on Sherly Rajan Road, situated off Carter Road.
Around 11am the day before, the activists had received a call that a tamarind tree was being cut at Nectar CHS. Nearly 40-50 birds had fallen, along with nests, and the injured birds were thrown into the adjacent Petit school, according to the complaint. The activists said they had learnt that two CHS members, Amit Dhutia and Sunny Bhutani, had engaged a contractor to cut branches of trees. The duo was booked under IPC, Wildlife Act and Maharashtra Trees Act. A chargesheet was filed before a Bandra magistrate. In December 2016, HC stayed the proceedings. Dhutia had claimed before HC then that he had been falsely implicated.
Senior advocate Girish Kulkarni, representing Dhutia, told Justices Gadkari and Chandak that the tree was located inside the school’s compound and there was no need for him to get it trimmed. He said all injured birds were later released into Airoli’s forest. Kulkarni said police made no attempt to trace the contractor. Prosecutor A A Takalkar said Dhutia had not taken permission to cut the tree.
The judges took note of witnesses’ statements. “The record indicates that the eggs of birds were broken, fledglings were trapped by nets and some birds died in the incident. The spot panchnama clearly shows that all branches of the tree were cut. Thus, it corroborates the FIR and the statement of witnesses,” said HC. The judges explained that the cutting of a tree “in such a manner” falls under the expression ‘to fell a tree’ under Trees Act, which includes burning or cutting or in any way damaging a tree, and dismissed Dhutia’s plea.