Bombay HC issues notice to municipal bodies based on PIL seeking removal of lights from trees  

Bombay High Court issues notice to Maharashtra government and municipal corporations over harmful effects of festive tree decorations.

The Bombay High Court on April 10 has issued a notice to the Maharashtra government, Brihanmumbai Municipal Corporation (BMC), as well the municipal corporations of Thane and Mira Bhayander raising concern over the ill-effects of wrapping trees with decorative lights during festivals. The notice was issued on a public interest litigation (PIL) petition that said the artificial lights cause harm to trees as well as the nocturnal living beings. 

The petition filed by activist Rohit Manohar Joshi states, “Presence of such cables, wires, lighting et cetera are detrimental to the health and growth of the trees upon which the lights, wires, cables are wrapped and draped across. Exposure to artificial light can impact and reduce the efficiency of the process of photosynthesis, a process when plants generate glucose molecules (or other sugars) from water and carbon dioxide, and oxygen is released as a byproduct.

While such decorations are supposed to be temporary, trees in Mumbai’s Malabar Hills, Breach Candy, Walkeshwar and Andheri areas have been draped with lights for several months. Similarly, such lighting can be seen in various areas of Thane and Mira Bhayander.” 

To prove the argument, the petition has mentioned a research paper, titled, ‘Effects of street light pollution on the photosynthetic efficiency of different plants’ published by the Department of Botany, School of Life Sciences, Guru Ghasidas Vishwavidyalaya, CG, Bilaspur, India.  

The petitioner mentioned a circular issued by the Department of Forest and Welfare of the Government of National Capital Territory (NCT) of Delhi, which was based on an order by the National Green Tribunal from April 2013 that highlights the measures that had been taken by the Delhi government to check on damage caused to the trunks of trees and roots on account of signboards, advertisements (signages), electric wires, high tension cables and other damaging elements. 

Appearing for Mr. Joshi, advocate Ronita Bhattacharya mentioned, “Section 2(c) of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975, defines actions detrimental to trees, including burning, cutting, or any form of damage. The civic authorities are in clear breach of the duties vested in them to ensure protection and preservation of trees and ensuring the trees within the urban areas in their jurisdiction are properly maintained and permitted to grow healthily.”