PANAJI, Dec 10(TOI): The high court of Bombay at Goa recently ruled that a person cannot, under the Goa, Daman and Diu Preservation of Trees Act, seek that a tree from a neighbouring property be cut just because it obstructs him from enjoying his property due to leaves and coconuts falling onto it.

In a dispute involving nuisance caused due to coconut trees, the high court held that, "It (the Act) certainly does not give powers to the deputy collector/tree officer to prevent a private nuisance from being removed, which is being caused to the respondent either by the fall of leaves or coconuts from the trees into the property."

Referring to Section 12-A of the Act, Justice N A Britto stated that it gives jurisdiction to officers to cut a tree or its branch or part if it is in a ruinous state or is in such a condition that it is likely to fall and cause injury to a person. In this case, one Santosh Prabhugaonkar had challenged the conservator of forests' order directing him to cut three coconut trees and pull two other coconut trees away from the house of Menino Santan Fernandes by strong anchorage (ropes).

Prabhugaonkar, on his own accord, agreed to cut two trees but declined to comply with the order and claimed that three trees were healthy. During the hearing of the case, Prabhugaonkar's lawyer CA Coutinho argued that the authorities could not have ordered the cutting of three trees as they were not in a ruinous state. He pointed out that one tree was slightly leaning towards Fernandes' house while the other two trees were leaning over an open place in his property.

Fernandes' counsel T D'Costa submitted that the three trees were leaning towards his client's property, obstructing enjoyment of the property and said that coconuts and leaves could fall on his client when he used the passage. While holding that the provisions of Section 12-A, like those of Section 133 of the Criminal Procedure Code are not meant to deal with private nuisances, the court observed that the three trees were not in a ruinous state nor were likely to fall in ordinary circumstances. Goa has approximately 40 lakh coconut trees.