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How to RTI tree felling permissions in your municipal ward

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Saw a tree being cut in your colony? Learn how to use the RTI Act to verify if the felling is legal and hold your local municipal corporation accountable.

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11 min read
#RTI tree felling#tree cutting permission India#Delhi Preservation of Trees Act#municipal corporation RTI#tree officer contact#compensatory afforestation rules#urban forest protection India#civic action trees

The 6 AM Chainsaw Wake-up Call

You are heading to college or the gym when you see it: a 40-year-old Peepal or Gulmohar tree, the one that actually makes your street bearable in the May heat, is being hacked down. A few workers are busy with chainsaws, and a truck is waiting to haul away the timber. When you ask why, a contractor shrugs and says, "Permission hai, upar se order hai" (We have permission, it is an order from above).

In most Indian cities, this is where the conversation ends. We assume the 'system' has decided the tree must go for a road, a transformer, or a new apartment gate. But often, those "orders" don't exist, or they were obtained by hiding facts. You don't have to be an environmental lawyer to stop this. You just need to know how to ask the right questions using the Right to Information (RTI) Act, 2005.

What the law actually says

Trees in Indian cities aren't just 'property'; they are protected by specific state laws. For example, in Delhi, the Delhi Preservation of Trees Act (DPTA), 1994 governs this. In Maharashtra, it is the Maharashtra (Urban Areas) Protection and Preservation of Trees Act, 1975. In Karnataka, the Karnataka Preservation of Trees Act (KPTA), 1976 applies.

While the names change, the core legal principle remains similar across India:

  1. Mandatory Permission: No person (including government departments) can fell, lop, or even heavily prune a tree without written permission from the designated 'Tree Officer.'
  2. The Inspection Rule: Before granting permission, the Tree Officer must personally inspect the tree to see if it is truly dead, diseased, or a danger to life/property. They cannot grant permission just because a builder wants a 'better view.'
  3. Compensatory Afforestation: For every 1 tree cut, the law usually mandates planting 10 new saplings (the ratio varies by state, e.g., 1:10 in Delhi).
  4. Public Notice: In many states, if more than a certain number of trees (usually 10 or 20) are being cut for a project, the Tree Officer must issue a public notice in newspapers to invite objections from citizens like you.

Under Section 6 of the RTI Act, 2005, you have the legal right to demand copies of these permissions, the inspection reports, and the details of where the compensatory trees are being planted. If the authorities refuse to show the papers on-site, the RTI is your weapon to verify if the felling is a crime under the law. If a tree is cut without permission, it is a cognizable offence, and you can How to file an FIR (and what to do if police refuse) under the relevant state Tree Act.

Step-by-step playbook

  1. The On-Spot Verification (Day 0)

    Before filing the RTI, try to get immediate data. Approach the person in charge at the site.

    • Ask for the 'Tree Felling Permission Letter': By law, a copy of the permission must be available at the site of felling.
    • Take Photos: Capture the tree, the workers, the vehicle number plate of the timber truck, and any 'markings' (usually yellow or red paint) on the trunk.
    • Check for the QR Code: Some cities (like Mumbai or Delhi) have started issuing permissions with QR codes. Scan it to see if it matches the location.
    • Note the Ward Number: You will need the specific ward name/number and the landmark for your RTI.

  2. Identify your Public Information Officer (PIO)

    To File an RTI online, you need to know who to address. For tree felling, the PIO is usually located in one of two places:

    • The Forest Department: Specifically the office of the Deputy Conservator of Forests (DCF) or the 'Tree Officer' for your zone.
    • The Municipal Corporation: Look for the 'Horticulture Department' or 'Garden Cell' of your local body (e.g., BMC in Mumbai, BBMP in Bengaluru, MCD in Delhi).

  3. Draft the RTI Application

    Keep your questions factual. Do not ask "Why did you cut the tree?" (RTI does not cover 'why' or opinions). Ask for 'records.'

    Copy-paste these specific questions into your application:

    1. "Provide a certified copy of the permission letter issued by the Tree Officer for felling/lopping of trees at [Insert Exact Location/Ward] on [Insert Date]."
    2. "Provide a copy of the Site Inspection Report submitted by the Tree Officer/Junior Engineer prior to the grant of the aforementioned permission."
    3. "Provide the total number of trees permitted to be felled and the species of each tree as per the official record."
    4. "Provide details of the 'Compensatory Afforestation' plan: Specify the exact location (Khasra number/Park name) where saplings are to be planted and the name of the agency responsible for their maintenance."
    5. "If no permission was granted, provide details of the action taken by the Department against the offenders under the [Insert State Tree Act, e.g., DPTA 1994] since the date of felling."

  4. File and Pay the Fee

    • Online: Use the Central RTI portal (rtionline.gov.in) for Union Territories or state-specific portals (like rtionline.maharashtra.gov.in). The fee is usually ₹10.
    • Offline: If the portal is down, write the application on plain paper. Attach a ₹10 Court Fee Stamp or a Postal Order (IPO) addressed to the 'Accounts Officer' of the department. Send it via Speed Post so you have a tracking receipt.
    • Timeline: The PIO must respond within 30 days. If there is an immediate threat to life/liberty (rare in tree cases), the limit is 48 hours, but stick to the 30-day expectation for standard felling.

  5. The Follow-up (Day 31)

    If you get no response or a vague "information not found" reply:

    • File a First Appeal: Address it to the 'First Appellate Authority' (FAA) of the same department. This is usually a senior officer (like the Conservator of Forests). Mention that the PIO failed to provide information within the mandatory 30-day limit under Section 7(1) of the RTI Act.
    • Ground Action: While waiting for the RTI, use the site photos to tag your local MLA and the Municipal Commissioner on X (formerly Twitter). Use the 'SAMEER' app (by CPCB) if the felling is causing massive dust/pollution, or call the Green Helpline if your state has one (e.g., 155271 in Delhi).

    Much like how students monitor POSH at workplace and college to ensure safety, monitoring tree felling ensures the 'lungs' of your ward aren't sold off as timber.

    Browse all civic-action playbooks

Where it usually breaks

The RTI process looks simple on paper, but in the real world, Public Information Officers (PIOs) have a few classic moves to avoid giving you the data. Here is how to handle them:

  1. The "Not My Department" Shuffle: You file with the Municipal Corporation, and they tell you, "This is the Forest Department’s job." Then the Forest Department says, "The trees are on Municipal land, ask them."

    • The Workaround: Use Section 6(3) of the RTI Act. Explicitly state in your application: "If this information is held by another public authority, please transfer this application to the concerned PIO within 5 days as per Section 6(3) and inform me." If they still give you the runaround, file a First Appeal.

  2. The "Third-Party Information" Excuse: The PIO might claim that the tree felling permission was given to a private builder, so it is "confidential third-party information" under Section 8(1)(j).

    • The Workaround: Tree felling is never a private matter; it is an environmental action that affects the "Right to Life" (Article 21). Cite the Bombay High Court in Surya Narain Singh v. State of Bihar or similar precedents that establish environmental protection as a "larger public interest." Remind them that any permission granted by a public official using public laws is a public record.

  3. The "Information is Voluminous" Trap: They might ask you to pay thousands of rupees for "photocopying charges" or claim the file is too big to share.

    • The Workaround: Use Section 2(j)(i). Instead of asking for copies, ask for an "Inspection of Records." You can go to their office for an hour, look at the file for free (the first hour is usually free, then ₹5 per subsequent hour), and then mark only the specific pages you want to be photocopied.

  4. The "Missing File" Mystery: This is the ultimate ghosting technique. They claim the file was lost during an office shift or a "leakage."

    • The Workaround: A missing file is a "service deficiency." File a First Appeal and mention that as per the Public Records Act, 1993, it is the PIO's duty to maintain records. If the file is truly lost, they are legally required to file an FIR for the missing document. Ask for a copy of that FIR.

Templates & scripts

Copy, fill in the [highlighted] bits, and send.

RTI Application Text

Copy-paste this into the "Text of RTI Application" box on the RTI Online portal or your physical letter.

Subject: Seeking information regarding tree felling permissions in Ward [Insert Ward No/Name].

Details of Information required:

  1. Provide a certified copy of the Tree Felling Permission/Letter issued by the Tree Officer for the trees located at [Specific Address/Landmark] between [Start Date] and [End Date].
  2. Provide a certified copy of the Site Inspection Report prepared by the Tree Officer or Horticulture Superintendent prior to granting the felling permission for the aforementioned site.
  3. Provide the total number of trees permitted to be felled, their species, and their approximate age as per department records.
  4. Provide the exact location (Khasra number/GPS coordinates) where 'Compensatory Afforestation' (planting of 10 saplings for every 1 tree cut) has been mandated for this specific project.
  5. Provide a copy of the 'Public Notice' issued by the department inviting objections from citizens before granting this permission, as required under [Insert State Act, e.g., DPTA 1994].

Script for calling the Tree Officer’s Office

Use this when the 30-day deadline is approaching and you haven't heard back.

You: "Namaste, I am calling regarding my RTI application with Diary Number [Your Number], filed on [Date]. I am a resident of [Your Area]." Staff: "Under process hai, time lagega." (It is under process, it will take time.) You: "Actually, under Section 7(1) of the RTI Act, the PIO is required to provide the information within 30 days. It has been [Number] days. Can you please confirm if the PIO has signed the reply, or should I proceed with a First Appeal to the [Designation of Senior Officer]?" Staff: "Check karke batate hain." (We will check and tell you.) You: "Please do. If I don't receive a response by [Date], I will be forced to approach the Information Commission regarding the delay and the ₹250 per day penalty under Section 20(1)."

First Appeal Draft (If they refuse or ignore you)

File this on the RTI portal or via post to the 'First Appellate Authority' (FAA)—usually the Deputy Commissioner or a senior officer in the same department.

Grounds for Appeal: "I am filing this appeal because [the PIO failed to provide a response within 30 days / the PIO provided incomplete and misleading information]. The information sought regarding tree felling is a matter of public environmental concern and does not fall under any exemptions of Section 8. I request the FAA to direct the PIO to provide the certified copies immediately and free of cost as per Section 7(6) of the RTI Act."

Frequently Asked Questions

1. How much does an RTI cost?

For Central Government and most states (like Delhi, Maharashtra, Karnataka), the application fee is ₹10. If you are below the poverty line (BPL), there is no fee, but you must upload your BPL certificate. Photocopying charges are usually ₹2 per page (A4 size).

2. What is the timeline for a response?

The PIO must reply within 30 days. If the information concerns the "Life or Liberty" of a person, they must reply within 48 hours—though tree felling is rarely accepted under this 'emergency' clause unless you can prove immediate physical danger.

3. Can I file an RTI for a tree on my neighbor’s private property?

Yes. Even on private property, trees are protected by state laws (like the DPTA in Delhi). Owners need permission to cut them. Since the permission is granted by a public authority, you have every right to see it.

4. What if they cut the tree at night?

This is a major red flag. Most legal permissions do not allow felling after sunset. If you see this, call 112 (National Emergency Response System) or your local Forest Helpline immediately. Tell them a "cognizable offence" under the State Tree Act is in progress.

5. How do I find the PIO’s name?

You don't need the person's name. You can address it to "The Public Information Officer, [Name of Department, e.g., Municipal Corporation of Greater Mumbai]". The office is legally bound to direct it to the right person.

6. Can an RTI stop the cutting while it’s happening?

An RTI is a tool for information, not a stay order. However, showing the contractor a copy of your filed RTI and your phone recording usually makes them nervous enough to pause if they are cutting illegally. For a legal stay, you would need to approach the National Green Tribunal (NGT) or a local Civil Court.

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How to RTI tree felling permissions in your ward · HowToHelp