Primary law, Tamil Nadu land law
Tamil Nadu Panchayats (Determination of claim to trees growing on public roads or other property vesting in or belonging to Village Panchayats) Rules, 2001
The Governor of Tamil Nadu issued the Tamil Nadu Panchayats (Determination of claim to trees growing on public roads or other property vesting in or belonging to Village Panchayats) Rules, 2001 through Government Order (Ms.) No. 108 of the Rural Development (C4) Department, dated 28 March 2001. The Rules govern ownership, control, licensing, leasing, cutting and auction of certain trees on public roads and other property connected with Village Panchayats. They supersede the earlier rules relating to determination of claims to trees growing on public roads or other property belonging to Panchayats.
What the Rules govern
The Tamil Nadu Panchayats (Determination of claim to trees growing on public roads or other property vesting in or belonging to Village Panchayats) Rules, 2001 apply to trees on specified public roads, Porambokes and estates vested in, belonging to, or regulated by Village Panchayats. They were made under the Tamil Nadu Panchayats Act, 1994.
The Rules may affect Village Panchayats, owners of land adjoining covered public roads, and people seeking rights to plant, use or lease trees on covered property.
Ownership and government control
The Rules establish the following principles:
- Trees standing on a public road vested in a Village Panchayat are presumed to be owned by the Government and vest in the Village Panchayat, except trees granted under the tree-tax system.
- If a Village Panchayat abuses its rights over such trees, the Government may withdraw them from its control. The Government must first give notice and consider the Panchayat's representation.
- In the public interest, the Government may cut and remove a tree planted by a Village Panchayat on a covered Poramboke. No compensation is payable.
- A tree removed by the Government may be handed to the Village Panchayat or sold by public auction. Auction proceeds must be credited to the Village Panchayat Fund.
Planting, use and leasing
A Village Panchayat may license an adjoining landowner to plant fruit-bearing trees on a covered public road, Poramboke or estate. The licence may cover the period needed for the trees to reach the fruit-bearing stage and may require proper maintenance and other suitable conditions.
A Village Panchayat is entitled to the produce or benefit from trees on covered road margins, Porambokes and estates, except trees held under the tree-tax system. It may lease such trees through the prescribed public auction procedure and retain the lease income.
Cutting and auctioning trees
A Village Panchayat may cut or auction:
- Wind-fallen and withered trees.
- Live roadside trees dangerous to traffic, life or health, or requiring removal for Panchayat work.
- Live trees on small tank bunds whose leaves make drinking water unfit.
Cutting or selling live trees in the listed circumstances requires sanction from the Revenue Divisional Officer, based on a Tahsildar's report following personal inspection. Cyclone-fallen trees must also be reported to the Revenue Divisional Officer and sanctioned before sale. Sale income belongs to, or must be credited to the fund of, the Village Panchayat.
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Common questions
Can an adjoining landowner plant fruit trees beside a Village Panchayat road?
Yes. The Village Panchayat may grant the adjoining landowner a licence to plant fruit-bearing trees on a covered public road, subject to maintenance requirements and other suitable conditions.
Does a Village Panchayat need approval before cutting a dangerous live roadside tree?
Yes. It must obtain sanction from the Revenue Divisional Officer, and sanction can be given only after a report from the Tahsildar following personal inspection.
Who receives income when covered trees are leased or sold?
The Village Panchayat is entitled to income from leases. Income from sales under the Rules is appropriated by the Village Panchayat or credited to the Village Panchayat Fund, as applicable.
Can the Government remove a tree planted by a Village Panchayat on Poramboke land?
Yes. The Government may cut and remove such a tree in the public interest without paying compensation, where the Poramboke is vested in or regulated by the Village Panchayat as specified in the Rules.
