Justifying its plan for concretisation of roads, the BMC told the Bombay High Court that the city is a “heavy rainfall receiving area” and therefore potholes have become a trouble for the citizens.

The BMC filed an affidavit before the Bombay high Court replying to a PIL challenging its approach to roadside tree preservation amid road concretisation projects. The PIL by environmental activist Zoru Bhathena, who alleged large-scale destruction of roadside trees in Mumbai and the BMC’s failure to restore greenery. 

The BMC has said that Mumbai’s heavy rainfall causes potholes, affecting daily life and traffic movement. To address this, the BMC initiated a large-scale road concretisation project, divided into two phases. Phase I is scheduled for completion by February 2026, and Phase II by May 2027. The civic body asserts that it is prioritizing road improvement while minimizing tree cutting.

According to the affidavit, the BMC follows a “balanced approach to urban development and environmental preservation”. Guidelines issued on June 8, 2017, mandate tree protection during roadwork. Additionally, a circular dated December 5, 2018, requires maintaining a one-meter space around tree trunks and planning new tree plantations under the Maharashtra (Urban Area) Protection and Preservation of Trees Act, 1975. 

The BMC claims that existing trees are preserved by diverting stormwater drain and utility duct alignments. If tree removal is unavoidable, the civic body follows due process, securing approval from the Tree Authority and transplanting trees in nearby areas with assistance from its Garden Department. Additionally, raised tree guards are installed to protect roadside trees. The BMC insists it is taking all possible steps to maintain roadside tree cover.

Earlier, the HC had directed the BMC to present its policy on replenishing tree cover, warning that it will frame one if the civic body fails to do so.

Bhathena’s PIL cites Section 19 of the Tree Act, which states that no development work can proceed without the tree officer’s approval regarding tree preservation and plantation. The PIL argues that the BMC’s road department is issuing tenders without ensuring space for tree plantations, leading to extensive road widening and tree removal without adequate replacements. The petitioner also pointed out that the BMC’s roadwork guidelines, issued on March 1, 2024, completely ignored tree preservation, prompting him to raise concerns with the civic body.