Frame compensation policy, decide on providing jobs to tree fall victims in Thane: HC

Thane: The Bombay high court on Friday asked the Thane Municipal Corporation (TMC) to frame a compensation policy for the immediate kin of the victims of tree fall cases who died in the incident. It also asked the civic body to provide jobs to victims who suffered serious injuries in the mishap.

The HC has asked TMC to decide on the matter within two weeks.

Rohit Joshi, an environmentalist from Thane, and two other petitioners who were victims of tree fall had filed a PIL stating that despite regular incidences of tree collapse, the TMC has not implemented the Urban Green Guidelines framed by the Ministry of Town and Country Planning Organisation under the aegis of Ministry of Housing and Urban Affairs (MoHUA) in 2014. Neither has it undertaken a phased de-concretisation programme near all the trees as per the direction of NGT in 2015 nor has the corporation framed a policy to compensate victims of tree collapses, stated the PIL.

“There is no policy for tree fall victims in the city even if the person has died or has suffered health problems. Even though tree collapses happen due to the civic body’s negligence, and non-implementation of the de-concretisation programme, the civic body has not put in place any policy to help the citizens,” said Joshi, president of the Yeoor Environmental Society (YES).

Twenty-five-year-old Amol Randhawe, who went to attend a cousin’s marriage in December 2021 in Thane, suffered 18 stitches on his head as well as his spine and his back ribs were also damaged after a tree branch fell on him while he was standing alongside his bike. He still faces health issues due to the mishap and is unable to provide adequate financial support to his family due to his deteriorating health.

“I am a driver, however, after the tree fall accident, I cannot drive much. I suffer from back and neck ache and it is severe sometimes. I had approached TMC several times for a job but they never entertained me. My family is completely dependent on me,” he said.

Pratik Walavalkar, 32, who lost his mother Arpita Walawalkar, 55, in a tree collapse incident on September 9, 2022, claimed that there was no consideration from the civic body after the incident. “The tree fell on us and somehow I managed to escape. However, my mother could not. I can imagine the pain she would have gone through. The civic body is at fault here because there were several warnings from the housing society to remove the tree. The petition was filed for not just compensation but justice to those who are either killed or injured due to the civic body’s negligence,” said Pratik, who works in a private company.

The petitioners have highlighted that the tree fall cases in Thane are a result of a lack of appropriate steps to maintain and secure trees. It was also mentioned that one of the most common causes of tree falls is the impact of concretisation in and around the roots of the trees.

“The blockage caused by hard concrete around the growing roots of trees results in root damage and the trees become prone to collapsing. Such root damage is not only harmful to the tree and its health but can also cost lives,” said Joshi.

As per the Regional Disaster Management Cell (RDMC) of TMC, 86 tree fall cases were recorded this year from January till date and 62 branch falls were recorded. The report also states that at least 30 trees were reported to be in dangerous condition as per complaints received by the cell.

In 2022, 537 tree collapses and 438 branch falls were reported and 220 trees were in dangerous condition. TMC commissioner Abhijit Bangar, said, “If there are any such directions from the court, the civic body will study those cases and see what can be done. Meanwhile, our tree department is working on all those trees which are in a dangerous state to ensure there are no such incidents.”