A magistrate court in Thane has delivered a verdict of acquittal for a local housing society and its secretary, who were facing charges related to the illegal cutting of trees. The court cited significant insufficient evidence and procedural lapses by the prosecution as the key reasons for the decision, bringing closure to a legal case that had been pending since 2020.
Charges and Initial Allegations
The case originated from actions alleged to have taken place in 2019. The Thane Municipal Corporation's Tree Authority had filed a complaint accusing the housing society of cutting down multiple protected trees without the necessary authorisation. While the society had obtained permission for pruning certain trees on its premises, the prosecution claimed the accused went beyond the approved scope and illegally felled several trees.
The complaint specifically listed trees including rain tree, mango, neem, ashoka, and banyan. It was alleged these trees were cut approximately five feet from ground level, in violation of the Maharashtra (Urban Areas) Protection and Preservation of Trees Act.
Critical Flaws in the Prosecution's Case
During the trial, however, the case presented by the authorities began to unravel. First Class Judicial Magistrate SS Patil, who delivered the verdict, noted several critical gaps that proved fatal to the prosecution's arguments.
Key witnesses for the prosecution admitted during cross-examination that they did not personally visit the site during the alleged incident in 2019. Their complaint was filed based solely on documentation, which raised serious questions about the reliability and firsthand nature of the evidence.
Procedural Errors and Jurisdictional Confusion
The court identified multiple procedural errors. Notably, the official notice regarding the illegal tree-felling was issued to a contractor, not to the housing society or its office-bearers directly. Furthermore, there were discrepancies in the dates mentioned in the crucial spot inspection report.
Perhaps the most significant lapse was the prosecution's failure to establish a basic fact: whether the trees in question were even within the specific housing society's jurisdiction. The residential complex comprises multiple buildings with separate administrative bodies. The court observed that it remained unclear if the felled trees fell within the specific society's designated area of responsibility.
Verdict and Aftermath
Given the cumulative effect of these evidential and procedural shortcomings, the magistrate court found the evidence against the accused insufficient to secure a conviction. The acquittal marked a significant relief for the housing society secretary and the society itself, who had been facing potential penalties under environmental protection laws.
The judgment by Magistrate SS Patil underscores the importance of meticulous evidence collection and adherence to proper procedure in legal cases, especially those involving environmental regulations. The case, which had been ongoing for over three years, has now reached its final conclusion with the court clearing the accused of all charges.
