“9. It is true that the Tree Authority is the final authority empowered to take a decision in the matter, however, he needs to consider not only the report and recommendations submitted by the Tree Officer, but also the objections and suggestions, which may be filed by the members of the general public. If we examine the facts of the present case in light of Section 8 of the Act of 1975, what we find is that the last date of submission of objections and suggestions by the members of the general public, as per the notice published by the Tree Officer, was 18th September 2023 and it is on the same day that the permission has been accorded by the Tree Authority. We, thus, find that the Tree Authority while issuing the impugned Notification dated 18th September 2023, hardly had any time either to consider the report and recommendations made by the Tree Officer or to take into consideration the objections and suggestions, which he might have received through the Tree Officer, from the members of the general public. Such a course adopted by the Tree Authority, in our considered opinion, does not conform to the statutory provisions available in Section 8 of the Act of 1975. The same has to be strictly followed both, in form and in substance. Failure to ensure strict compliance with the provisions of the Act would render the provisions of Section 8 as also the salutary objects of the Act nugatory apart from having grave and deleterious effects on the environment. Such a course cannot, at any cost, be permitted.
