Mon. Jul 8th, 2024

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A recent report in a national newspaper stated that as many as 21,916 trees have been transplanted between 2018 and 2023 in Mumbai city alone. As per the Right to Information reply relied upon in the news report, less than 25 per cent of the transplanted trees survived. Data was available only for nine Brihanmumbai Municipal Corporation wards. Out of a total of 4,336 transplanted trees in these nine wards, a mere 963 trees – less than a quarter – survived.

Are there any laws protecting trees and do these laws detail the procedure of transplantation?. (HT File Photo) PREMIUM
Are there any laws protecting trees and do these laws detail the procedure of transplantation?. (HT File Photo)

Similarly low rates of survival of transplanted trees have been more recently reported by this paper in regard to the development of a cluster bus depot in Burari, Delhi. As much as 84 per cent of the transplanted trees are missing or have dried up.

Environmentalists appear unsurprised at the figures and detail the many issues that plague the transplantation of trees. Anand Pendharkar, ecologist and CEO at SPROUTS, points to the peculiarity of urban underground spaces. “Gas pipelines, water pipelines and other infrastructure run beneath the ground, alongside tree roots.” He warns that uprooting trees with such intertwined roots inevitably causes harm and reduces the chances of a successful transplant. He asserts that practices must change such that trees are not ‘hacked mercilessly’ or ‘uprooted in a manner that is unscientific’.

Pendharkar also warns that when it comes to transplanting trees with deep roots, then special precautions need to be taken. “Certain species of trees such as mango, and jamun have deeply set roots; the roots spread out horizontally as far as some of the widest branches. In such cases, one needs to dig very deep and wide to ensure that the tree is properly uprooted to survive post-transplantation.”

Dr Sashirekha Sureshkumar, Ph. D. Guide (Mycology), retired associate professor and former head, Botany Dept., Mithibai College, Mumbai, sheds light on the finer details. “Every root system has its own microflora that intermingles with the soil to provide nutrition to the tree. Therefore the tree needs to be transplanted along with the soil.” These tree-root microorganisms are essential to tree health. Uprooting a tree without the soil, and placing it in a whole new environment robs it of the essential and familiar microflora.

Dr Sureshkumar warns against mass transplantation while emphasising that every species – and even every individual tree – needs to be seen and understood. One can’t move an old tree and expect it to have the same chances of survival as a younger one of the same species. She also warns about placing trees too close together. She explains that whether it’s transplanting (or planting a new tree), you need to take into account the growth factor. “You can’t transplant a palm tree in close quarters to a banyan tree as neither will get sufficient space to survive.” If done correctly, with attention to detail, Dr Sureshkumar is optimistic that over 50 percent of transplanted trees can survive.

Pendharkar also points to other such details, “Only 70 per cent of the branches should be lopped. 30 per cent is required to give the tree a fair chance at survival.” He explains that when one is chopping a tree, one needs to be aware that one is creating wounds in a living organism, and the tree cannot survive beyond a certain amount of trauma. Lopping extensively can kill the plant due to ‘injuries to the heartwood’.

Dr Sureshkumar mentions the ‘wood wide web’, a term coined by Canadian scientist Dr. Suzanne Simhard which refers to the intricate process by which trees communicate with each other and help each other thrive. Dr. Sureshkumar uses the term to drive home the point that transplanting a single tree affects many other trees as each has a part to play in the web. Additionally, trees aren’t just connected to other trees, they are connected to various other players in nature. Uprooting a tree changes the ecosystem of the area: the fungal networks around the tree; the microbes thriving in the roots, and bark; species such as cicadas that thrive on trees; the squirrels and birds that live in the branches, etc.

Pendharkar elaborates on other factors that affect the survival rate of transplanted trees. He explains that transplantation must ideally be reserved for the colder months. “Between September to October in Mumbai, the monsoon is receding. The weather is drier but not too dry, therefore infection levels are not so high. It’s a healthier time period to uproot and transplant trees.’

Transportation also needs attention to detail as the living organisms must be transported in the appropriate manner. Transporting trees is a costly affair and cutting corners in this regard could damage the tree.

Are there any laws protecting trees and do these laws detail the procedure of transplantation?

There are several central-level legislations that protect trees, based on the land on which they are grown, ranging from forest lands to municipal land to private property, etc. Dr Pallavi Divekar, managing partner at Divekar and Co., Advocates and Solicitors, explains that in addition to central-level laws, several states have enacted legislation concerning trees and their protection thereof. The intent of each state to frame the legislation is set out in the preamble of their respective act. For instance, The Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975 was enacted to ‘make a better provision for trees’ by ‘regulating the felling of trees and providing for planting of an adequate number of new trees in those areas.’ Whereas, the Delhi Preservation of Trees Act, 1994, applicable to the National Capital Territory of Delhi, was enacted to, ‘provide for the preservation of trees’.

The state laws also provide their own unique definitions for trees. For instance, Maharashtra defines a tree as, “Any perennial woody plant, whether in the seeding or sapling stage or fully-grown stage, and includes shrubs whose branches spring from the ground level.” Therefore, as per the law, damaging shrubs that are a few centimetres in height could attract penalties. On the flip side, planting tiny shrubs would legally be equivalent to planting trees. Dr Divekar also points to a pertinent issue: that the state legislation – irrespective of the state – gives exemplary powers to the tree officer.

The respective acts in Maharashtra and Delhi do not delve into the particulars of the transplantation of trees. “There is no specific procedure or process detailed in the law with regard to transplantation, leaving this aspect open to the local authorities to determine,” said Dr Divekar. She points out that as per the Maharashtra Act, transplantation needs to be done under expert guidance, yet there is no definition of the word ‘expert’ or of their qualifications thereof.

Interestingly, Maharashtra remains the only state in India where a ‘tree cess’ is levied upon the citizens. Yet, at the same time, the Maharashtra Act fails to make any provisions for citizen participation with regard to trees, their felling or transplantation. In fact, in 2019, a resident of Thane city, Pradip Indulkar, moved the Bombay high court to challenge the May 22, 2019 order passed by the tree authority of Thane Municipal Corporation, allowing felling and proposals for the transplantation of trees. The petitioner argued that even though he had objected to the decision of the tree authority, he was not given a hearing.

However, the high court held that the Act does not contain any express provisions that mandate a hearing for the applicant or objector before permission is granted or refused. The judgment went on to state that the decision to grant a hearing was at the discretion of the concerned authority.

Vijay Dhasmana, curator of the Aravali Biodiversity Park in Gurugram in the National Capital Region, believes that tree retransplantation is merely ‘a knee-jerk reaction’ when faced with infrastructure development at the cost of thousands of trees. He states, “We need a paradigm shift. We need to embrace nature in the cities rather than view trees as an obstruction to development.” He emphasises the need for better urban planning. “You can’t flatten existing forests to develop urban infrastructure, by promising to build gardens and lawns elsewhere.” He refers to the transplantation of trees as an ‘over-simplistic civic solution’ that doesn’t serve the ecosystem. The only real solution according to Dhasmana is better urban planning with a long-term vision. He reminds us that when it comes to the environment and averting a crisis, there are ‘no shortcuts’.

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