A PROJECT

ON

“PROPERTY IN THE ROADSIDE TREES AS PER ACT 1956”

SESSION: 2021-2022
SUBMITTED ON: 25/06/2022

SUBMITTED BY: SUBMITTED TO:

Dimple Saini Ms. Pooja Saxena

Roll No. 22

Semester- VIII A

UNIVERSITY FIVE YEAR LAW COLLEGE

UNIVERSITY OF RAJASTHAN,

JAIPUR

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 DECLARATION

I, Dimple Saini, hereby declare that this project titled “Property in the Roadside Trees as
per Act 1956” is based on original research work carried out by me under the guidance &
supervision of Ms. Pooja Saxena.

The interpretations put forth are based on my reading & understanding of the original texts.
The books, articles & websites etc. which have been relied upon by me have been duly
acknowledged at the respective places in the text.

For the present project which I am submitting to the University, no degree or diploma has
been conferred on me before, either in this or in any other university.

Date- 25/06/2022

Dimple Saini

Roll No. 22

Semester VIII A

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 ACKNOWLEDGEMENT

I have written this project titled, “Property in the Roadside Trees as per Act 1956’’ under
the supervision of Ms. Pooja Saxena, Guest Faculty, University Five Year Law College,
Jaipur. She provided me every information required in the project. Her Valuable
suggestions herein have not only helped me immensely in making this work but also in
developing an analytical approach this work.

I am extremely grateful to librarian and library staff of the college for the support and
cooperation extended by them from time to time.

Dimple Saini

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 CERTIFICATE

MS. POOJA SAXENA Date: 25/06/22

Guest Faculty,

University Five Year Law College,

University of Rajasthan, Jaipur

This is to certify that Dimple Saini student of semester VIII, sec A, has carried out project
titled “Property is the roadside trees as per Act 1956” under my supervision. It is an
investigation report of a minor research project. The student has completed research work
in stipulated time and according to the norms prescribed for the purpose.

Supervisor

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 TABLE OF CONTENTS

Page No.

Declaration

Certificate

Acknowledgment

Chapter-1

1.1 Introduction

Chapter-2

2.1 THE RAJASTHAN LAND REVENUE ACT, 1956

2.2 RAJASTHAN TENANCY ACT, 1955

2.3 Case laws

Chapter 3

3.1 How roadside trees help the environment

3.2 Signs of risk of Tree failure

Conclusion

Bibliography

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 Chapter 1

1.1 Introduction

Trees provide many benefits. Their presence makes our countryside, towns and villages more
attractive, pleasant places in which to live. They bring environmental benefits too, capturing
pollution, releasing oxygen, cooling the air and providing shade and shelter. Trees store carbon
and they can reduce the risk of flooding. Our stress levels are lower when we are around trees,
and we are more likely to walk or cycle in tree-lined environments, because trees can make us
healthier. Trees support wildlife, providing food, nest sites and cover from predators.

Trees are living organisms and like all other living organisms they have a finite lifespan. Over
time, trees may become physically damaged or be subject to a pest or disease attack. It is very
important for landowners to actively look after their roadside trees and to be able to recognise
and take appropriate action where significant tree damage and possible risk to people or
property are identified.

Under common law, we all owe a duty of care to those who might reasonably be expected to
be affected by our actions or omissions. The trees on your land are your property and as a
landowner you are responsible for their care. Ensure that you are aware of the full legal extent
of your land ownership. Land ownership normally extends to the centre of the road; therefore,
it is the landowner – not the local authority – who is responsible for the trees and hedges beside
the road.

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 Chapter 2

LEGAL PROVISIONS

2.1 THE RAJASTHAN LAND REVENUE ACT, 1956

88. All roads etc. and all land which are not the property of others belong to the State –
(1) All public roads, lanes, paths, bridges and ditches; all fences on or beside the all rivers,
streams, lakes and tanks, all canals and watercourses, all standing and flowing water, and all
lands wherever situated, which are not the property of individuals or of bodies of person legally
capable of holding property are except in so far as any rights of such persons or bodies may be
established in over the same and except, may be otherwise provided in any law for the time
being in force, and are hereby declared to be, with all rihts in or over the same or appertaining
thereto, the property of the State; and it shall be lawful for the Collector subject to the 64[order
of the Commissioner] to dispose of them in such manner as may be prescribed subject always
to the rights of way and all other rights of the public or of individuals legally aubsisting.

(2) Where any property or any right in over any property is claimed by or on behalf of the State
or by any person as against the State, it shall be lawful for the Collector, after formal inquiry
of which due notice has been given to pass an order deciding the claim.

(3) Any suit instituted in any civil court after the expiration of any year from the date of any
order passed under sub-section (1) of sub-section 92) or, if one more appeals have been made
against such orders within the period of limitation, then from the date of any order passed by
the final appellate authority, shall be dismissed (although limitation has not been set up as a
defence) if the suit is brought to set aside such order or if the relief claimed is inconsistent with
such order; provided that in the case of an order under sub-section (2), the plaintiff has had due
notice of such order.

(4) Every person shall be deemed to have been due notice of an inquiry or order under this
section, if notice there or has been given in accordance with the provisions of this Act or the
rules made thereunder.

(5) Any order passed under sub-section (1) or sub-section (2) shall be enforceable by the
Collector in the prescribed manner.

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94-A. Roadside trees - (1) All roadside trees which have been planted and reared by or under
the order of, or at the expense of the State Government and all trees which have been planted
and reared at the expense of local funds by the side of any road which vests in the State
Government, shall vest in the State Government.

(2) In the event of such trees dying or being blow down or being cut down by order of the
Collector, the timber shall be the property of the State Government.

94-B. Recovery of value of trees etc. unauthorisedly appropriated - (1) Any person who
shall unauthorisedly sell and appropriate any roadside tree or any portion there of or remove
any other natural product thereof shall be liable to the State Government for the value thereof
which shall be recoverable from him as an arrear of land revenue in addition to any penalty to
which he may be liable under any law.

(2) The decision of the Collector as to the value of such trees or portion or product thereof shall
be conclusive.]

The proviso added to this section gives exclusive right to a tenant to get the produce of such
trees. This is to encourage the tenants to grow fruit trees or commercial trees along the road
side.

2.2 RAJASTHAN TENANCY ACT, 1955

79. Tenant's rights to plant trees— (1) A tenant may plant trees on his holding provided that
such trees do not diminish the productive value of the land and such tenant continues to pay
the full rent a the holding.
(2) If a tenant plants or proposes to plant trees in such a way as to diminish the value of land
not included in his holding. any -person whose interest is adversely effected- thereby may apply
to the Tehsildar for any order prohibiting the planting of trees on such land Or directing the
tenant to remove trees already planted thereon and the Tehsildar may after giving to the
persons. affected reasonable opportunity of being heard and after making such as he thinks fit.
either grant the application. subject to such modifications. if any as he thinks fit or reject it.

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79A. Tenant's right to plant trees on Government land alongside public roads— A tenant
may plant trees on Government land (whether agricultural or otherwise) alongside a public
road adjoining his holding subject to such special or general conditions as may be prescribed
from time to time by the State Government and such trees shall be the property of such tenant.
80. Tenant's right in trees existing at the commencement of this Act— Notwithstanding
anything in this Act or any custom or contract to the contrary. scattered- trees standing on the
holding of a Khatedar tenant at the commencement of this Act shall vest in such tenant:
Provided that where such trees are the property of any other person at the commencement of
this Act. Such person shall be given compensation by the tenant in accordance with rules
prescribed in that behalf.

81. Trees on unoccupied land (1) — A person who at the commencement of this Act. in lawful
possession of any tree standing on unoccupied land. shall continue to remain in possession
thereof and where land is let out to any other person. the tree shall vest in such other person -
subject to the payment of such compensation as may be prescribed by rules made under section
80.
(2) Subject to the provision contained in sub-section (1), any tree standing on unoccupied land
or planted in contravention of the provisions of this Act shall be deemed to the property of the
landholder.

82. Trees not transferable independently of land— Subject to the other provisions of this
Act. all trees standing on any holding shall be deemed to be attached to the land and to interest
therein shall after the commencement of this Act. he transferable independently of the land
have and except by way of lease of the produce of such trees for a period not exceeding one
year at a time.

83. Trees not removable except as provided— Notwithstanding anything to the contrary in
any law. custom or-contract. no trees standing on occupied or unoccupied land shall be
removable therefrom except as provided in section 84.

84. When and by whom trees may be removed-

(1) Omitted.
(2) A Khatedar tenant holding land below the ceiling area may remove trees standing on his
holding for any purpose;
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Provided that no such tenant-shall remove trees for purpose other than his bonafide or
agricultural use except with the permission of such authority and subject to such terms and
conditions as may be prescribed by the State Government.
(3) A Gair Khatedar tenant may, with the previous permission of the Tehsildar, remove any
trees standing on his holding for his own domestic or agricultural use.
(4) A sub-tenant may, with the previous permission of the person from whom he holds, remove
any trees standing on his holding for his own domestic or agricultural use.
(5) A Khatedar tenant holding land in excess of the ceiling area desiring to remove any trees
which vest in him or are in his possession may do so under a licence to be granted by the Sub-
Divisional Officer.
(6) Upon receipt of an application under sub-section (5), the Sub-Divisional Officer may after
making such inquiry as may be necessary in the prescribed manner and taking in to
consideration the prescribed matter, grant the requisite licence in the prescribed form on
payment of the prescribed fee subject to such terms, restrictions, as may be prescribed.
(7) Nothing in this section shall apply to the State Government or affect the right or power of
the State Government to remove or cause to be removed or order the removal of any tree
standing on any land entered in the name of the State in Revenue Records for any purpose.

85. Disputes regarding trees— If a dispute arises —

(a) as to the right to plant any tree, or

(b) as to the manner of planting it, or

(c) as to its ownership, or

(d) as to the right to remove it, such dispute shall' on application or otherwise be decided
by the Tehsildar.

86. Penalties for unlawful removal— Whoever contravenes all or any of the provisions of
section 83 or section 84 or any of the terms, conditions or restrictions of a licence granted
thereunder shall be punishable by an Assistant Collector on an application or a report made to
him.
(a) in the case of a first contravention:

(i) where a tree has been removed, with fine which may extend to one hundred rupees
for each tree that has been removed; and

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 (ii) in other case, with fine which may extend to one hundred rupees; and

(b) in the case of a second or subsequent contravention, with fine which may extend to
double the amount of fine that can be imposed under clause (a), and any tree or timber
thereof in respect of which such contravention shall have been committed may be
forfeited to the State Government.

2.3 Case laws

Giriraj Prasad vs State Of Rajasthan

Mr. M.K. Kaushik, the learned counsel for the petitioner, has contended that the offence, which
is alleged to have been committed by the petitioner, Giriraj Prasad, is punishable only with six-
months imprisonment or with a fine, which may extent to Rs.500/- or with both. Secondly,
there is a contradiction in the evidence, as while some witnesses have claimed that the petitioner
had cut a mango tree, which was still alive, other claimed that he had cut a banyan tree, which
had fallen due to the storm. Thirdly, the petitioner's son already has a license for cutting and
taking away the banyan tree, which may fall due to the storm.

Kanhaiya And Anr vs State Of Rajasthan

Contention of learned counsel for petitioner is that incident took place on account
of cutting of tree, which is of a joint khatedari of the accused-petitioner, and, as such, alleged
allegation of committing offence under Sections 447 and 379 IPC cannot be said to be made
out against petitioners. Both the parties are near relatives.

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 Chapter3

3.1 How roadside trees help the environment

• Roadside tree reduce dust particle

In crowded, dusty roads, the dust particles never get settled. They are in a continuous
motion. They enter into the noses of pedestrians, enter into vehicle and disturb the
surrounding residences along the roadside.
But trees and shrubs lined on the roadside. Function as barriers and block the dust
particles, as they soon settle on the leaves and trunk of the trees. Due to this, the
nearby residences are saved from much of the dust rising from the roads and the
particles from the exhaust of vehicles.

• Trees supply oxygen

During Photosynthesis or food preparation, they send out oxygen. Hence, the more
the trees, the more the supply of oxygen to the environment.

• Trees reduce greenhouse effect

Trees and plants use carbon dioxide for their food preparation. Hence they do some
cleaning by absorbing the carbon dioxide and thus prevent warming. Carbon dioxide
is thought to be a big factor in global warming.

• Trees reduce noise pollution

Trees on the roadside function as sound barriers. Hence the surrounding areas are
well protected from the noise arising out of traffic on the roads

• Other benefits of road side trees

Birds flock to trees for their food and shelter. They build nests on them. The flowers
attract bees and butterflies. The flowers add beauty to the roadsides. Ir will be a real
scene to watch sides with flowering trees and the birds and butterflies on them. That
not only enriches the environment, but gives a pleasant feeling to the pedestrians and
vehicular traveler. It is just enchanting to see the headlights reflected on the roadside
trees and sometimes they gave a very mystic feeling enchanting the minds.

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3.2 Signs of risk of Tree failure

Certain defects or signs in trees commonly indicate a high risk of tree failure.

Examples include:

a) A dead tree or branch

b) Signs of root plate movement or an unstable lean

c) Extensive, active and progressive decay of the stem base

d) Deep cracks or splits in the wood of the main stem or branches

Other factors such as a sudden increase in wind exposure or loss of root anchorage due to
excavation or waterlogging can also increase the risk of failure, but this document focuses
on signs in the tree itself. Combined with severe weather (high winds in particular) these
risk factors can indicate a tree whose failure is reasonably foreseeable.

If your property includes a significant number of mature roadside trees you are advised to
have them assessed by an arborist or forester who will then advise you on when they should
be checked again.

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 CONCLUSION

We also have different laws regarding safeguard of roadside tree under The Rajasthan land
revenue Act, 1956 and Rajasthan Tenancy Act, 1955 and also different forest and
environmental laws in our country. There are different type of penalties and punishments for
cutting of green trees or roadside trees on highways which help as sound barriers, they do some
cleaning by absorbing the carbon dioxide and thus prevent warming, trees and shrubs lined on
the roadside. Function as barriers and block the dust particles, as they soon settle on the leaves
and trunk of the trees.

Trees are a valuable asset and they need to be managed. Managing your roadside trees does not
have to be difficult or expensive but it is something you need to do to protect yourself and those
using the roads around your property. Remember that if you are uncertain about the condition
or safety of a tree you should seek the advice of a professional.

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 BIBLIOGRAPHY

Bare Acts

• Rajasthan Tenancy Act, 1955

• Rajasthan Land Revenue Act, 1956

Book References: -

• Dr. Anil Kaushik “ Rajasthan Land Laws” 1st Edition 2021

• Dr. S.R. Myneni “Land Laws” 3rd Edition

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