Can a tree be considered encroachment? SDMC first says yes, then no  

South civic body terms its action ‘unintentional’, promises to  undertake compensatory afforestation

The uproar over the uprooting of a tree from a footpath adjacent to the boundary wall of a house in New Friends Colony during the South Delhi Municipal Corporation’s anti-encroachment drive on Tuesday has raised a pertinent question — can a tree be considered an encroachment?

The civic body, which had dismissed the tree as an “encroachment” on the day of the drive, issued a statement on Wednesday terming its action “unintentional”, while assuring the Forest Department that it will undertake compensatory afforestation as per the guidelines. 

The statement comes a day after local residents raised concerns stating that the civic body was “targeting plants and trees” instead of addressing “actual issues”.

Civic officials present during the drive had underplayed the uprooting, saying the tree was obstructing the “right of way on a footpath”. They had dismissed questions on whether they had prior permission to uproot the tree.

A senior SDMC official – who was not present at the spot – had also given a similar view on the incident on Tuesday. However, when contacted on Wednesday, he asserted that trees were, in fact, not considered “encroachments”. 

“We cannot remove a tree without the permission of the Forest Department since they are to be preserved. Encroachments are things that are manmade; even if the tree is causing obstructions or hindering development work, we are still required to take permission from the Forest Department,” said the senior SDMC official. 

He added that the South civic body took cognisance of the incident and reported it to the Forest Department. It also assured “compensatory afforestation of 10 trees”, said the official.