Monsoon alert "Cutting down dangerous trees"
June 1, 2026
Every landowner should be aware of the legal provisions related to the removal of dangerous trees and branches that pose a threat to the public and neighbors during the monsoon.
Key legal sections.
1. Disaster Management Act, 2005 (Section 30(2)(v))
This section empowers the District Disaster Management Authority (DDMA) and local bodies to immediately remove dangerous trees or branches in the interest of public safety.
2. Kerala Panchayat Raj Act (Sec 238) / Municipality Act (Sec 412)
The secretaries of local self-government bodies have the legal power to issue notices to landowners to remove trees that pose a danger to public roads or neighborhoods at their own expense.
Financial and Civil Liability:
Revenue Recovery
If the owner fails to remove the tree despite receiving the notice, the local body can remove it. The entire cost of the same will be recovered from the owner through Revenue Recovery or as tax arrears.
Massive Compensation
If a tree falls due to negligence and damages a neighbor's house, vehicle or other property, the owner will be liable to pay massive compensation on the basis of Civil Negligence under the Tort Law.
Serious Criminal Liability
A case can be registered against the police for failing to take action despite being warned about the danger.
Disaster Management Act (Sec 51)
Those who violate official orders can be punished with imprisonment for 1 to 2 years or fine.
Indian Penal Code (BNS)
If a tree causes death due to negligence, a criminal case can be registered against the owner under Section 106 of BNS (formerly IPC 304A)
Key legal sections.
1. Disaster Management Act, 2005 (Section 30(2)(v))
This section empowers the District Disaster Management Authority (DDMA) and local bodies to immediately remove dangerous trees or branches in the interest of public safety.
2. Kerala Panchayat Raj Act (Sec 238) / Municipality Act (Sec 412)
The secretaries of local self-government bodies have the legal power to issue notices to landowners to remove trees that pose a danger to public roads or neighborhoods at their own expense.
Financial and Civil Liability:
Revenue Recovery
If the owner fails to remove the tree despite receiving the notice, the local body can remove it. The entire cost of the same will be recovered from the owner through Revenue Recovery or as tax arrears.
Massive Compensation
If a tree falls due to negligence and damages a neighbor's house, vehicle or other property, the owner will be liable to pay massive compensation on the basis of Civil Negligence under the Tort Law.
Serious Criminal Liability
A case can be registered against the police for failing to take action despite being warned about the danger.
Disaster Management Act (Sec 51)
Those who violate official orders can be punished with imprisonment for 1 to 2 years or fine.
Indian Penal Code (BNS)
If a tree causes death due to negligence, a criminal case can be registered against the owner under Section 106 of BNS (formerly IPC 304A)