Arboreal Rights and Regulations: Managing Tree Ownership and Felling

Farmers often face significant challenges related to the trees on their property, especially when these trees are situated on boundaries or need to be felled. The ownership and use of fruit-bearing and firewood trees are particularly contentious issues that frequently lead to disputes.

Under Section 25 of the Maharashtra Land Revenue Code (MLRC), the right to any trees on a piece of land belongs to the land's occupier. This ownership includes all types of trees, whether used for fruit, firewood, or other purposes.

Trees on a property are documented in Village Form No. 12, part of the 7/12 extract. This form records details about fruit trees like mango, tamarind, coconut, and dates, as well as trees used for firewood such as bamboo, neem, and khair. It also lists protected species such as teak, mango, and sandal, which cannot be felled without specific permission from the forest department.

Tree felling, particularly of protected species, is regulated under the Maharashtra Tree Felling Act, 1966. Permission from the forest department, typically granted by the Range Forest Officer, is required under various conditions, including:

• The tree is dead or has been damaged by disease or weather.
• The tree poses a danger to public safety or agricultural activities.
• The tree’s growth stage aligns with forest policy stipulations.

Farmers needing to fell trees must apply to the appropriate authority, providing justifications and any relevant documentation, such as the impact of the tree on crop production or public safety.

Once a tree is legally felled, the farmer may use the wood for personal purposes such as constructing farm tools. However, selling the wood requires a transport pass from forest authorities, ensuring that the sale complies with local forestry regulations.Lorem ipsum dolor sit amet

The local agricultural and forestry departments provide mechanisms to resolve disputes over tree ownership and felling rights. These include:

• Community consultations to ensure all stakeholders have a say in the decision-making process.
• Legal appeals against the decisions of the Tahsildar or forestry officials.
• Mandatory compliance with local and national forestry laws to prevent illegal tree cutting and ensure sustainable land management.

This comprehensive framework helps manage the complex dynamics of tree ownership and felling, ensuring that both the rights of landowners and environmental regulations are respected.